W912PQ-24-Q-0017.pdf

SEE ADDENDUM

(No Collect Calls)

W912PQ24Q0017 29-Apr-2024

b. TELEPHONE NUMBER

518-786-4461

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 08 May 2024

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 X 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.

W912PQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHANNA GOMAN

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

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

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

0012117141

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 NY PURCHASING & CONTRACTING

330 OLD NISKAYUNA ROAD

LATHAM NY 12110-2224

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 W913FH 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

42D ECAB

SFC STEPHEN VIELE

2P34+C5H, MARIANO COLÓN

SALINAS PR 00751

TEL: 518-901-9595 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,000,000

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 OF53

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.

W912PQ24Q0017

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK (SOW)

Drop Off Packaged Individual Meals

1.1 Scope. The contractor shall provide and deliver individually packaged meals to the New York Army National Guard (NYARNG) located at Camp Santiago 2P34+C5H, Mariano Colón, Salinas, Puerto Rico 00751 at the DFAC building 404 from 3-13 June.

1.2 Standards. This contract shall conform to all applicable Federal, State and local laws, regulations, policies, permits and insurance pertaining to the appropriate food industry.

Additionally, this contract shall conform to military regulations to include Army Regulation (AR) 30-22 Army Food Program dated 17 July 2019, AR 40-25 Nutrition Standards and Education dated 03 January 2017, Technical Bulletins (TB) MED 530 Tri-Service Food Code dated 01 March 2019 and TB MED 577 Sanitary Control and Surveillance of Field Water Supplies dated 01 May 2010. The Contractor shall correct work not meeting these standards at no additional cost to the Government.

1.3. Hours of Operation. NYARNG unit mission requirements will dictate food delivery times.

For general planning purpose, normal delivery times will be as follows*

Breakfast: 0600-0730 Lunch: 1100-1230

Dinner: 1730-1900

1.4. Service Locations. The Contractor must be able to service the location specified in the solicitation.

1.5. Meal Requirements.

DATE BREAKFAST #OF MEALS LUNCH DINNER

3JUN24 N/A N/A 112 PAX (P) 1730 Menu Dinner Day 3

4JUN24 112 PAX (P) 0600 Menu Breakfast Day 1 N/A 112 PAX (P) 1730 Menu Dinner Day 6

5JUN24 112 PAX (P) 0600 Menu Breakfast Day 4 N/A 112 PAX (P) 1730 Menu Dinner Day 7

6JUN24 112 PAX (P) 0600 Menu Breakfast Day 7 N/A 112 PAX (P) 1730 Menu Dinner Day 11

7JUN24 112 PAX (P) 0600 Menu Breakfast Day 13 N/A 112 PAX (P) 1730 Menu Dinner Day 13

8JUN24 112 PAX (P) 0600 Menu Breakfast Day 15 N/A 112 PAX (P) 1730 Menu Dinner Day 15

9JUN24 112 PAX (P) 0600 Menu Breakfast Day 16 N/A 112 PAX (P) 1730 Menu Dinner Day 16

10JUN24 112 PAX (P) 0600 Menu Breakfast Day 17 N/A 112 PAX (P) 1730 Menu Dinner Day 18

11JUN24 112 PAX (P) 0600 Menu Breakfast Day 7 N/A 112 PAX (P) 1730 Menu Dinner Day 20

12JUN24 112 PAX (P) 0600 Menu Breakfast Day 20 N/A 112 PAX (P) 1730 Menu Dinner Day 7

13JUN24 112 PAX (P) 0600 Menu Breakfast Day 4 112 PAX (P) 0600 Menu

N/A

Lunch Day 4

1.5.2. Meal Vegetarian Requirements. Vendor is to provide 10 vegetarian meals per every meal.

Halal= (H), Kosher= (K), Vegetarian= (V), Gluten= (G), Non-Pork (NP)

1.5.3. Boxed Lunch Meal Requirement. 112 boxed lunch meals packaged for travel to be delivered on 13 June 2024 with the breakfast meal at 0600 on 13 June 2024.

1.6. Meal Composition.

1.6.1. The quality of the food shall be equivalent to commercially available prepared meal. The Contractor is responsible to provide the portion sizes from the approved 201st Regiment RTI 21 Day Menus attached to the solicitation. Purchase & Contracting office will provide the menu numbers to the Contractor at the time of solicitation.

1.6.2. The contractor shall provide all condiments (mayonnaise, mustard, ketchup, steak sauce, hot sauce, salad dressings, syrup, salt and pepper, etc.), individual containers, paper products to include, but not limited to plates, cups, napkins, etc. and shall include utensils and other expendables as necessary.

1.6.3. Each portion will include 115g to 225g Carbohydrate per meal per Soldier (10g of which is fiber) 23g to 45g Protein per meal per Soldier; 6g to 40g Fat per meal per Soldier to average 10% of total calorie per menu (at least 6g of which is omega fatty acid or linoleic acid; 3mg to 6mg of iron per meal per Soldier. Meals offered should not be less than 850 calorie per Soldier. (Carbohydrate 4 cal/g, Protein 4 cal/g, Fat 9 cal/g)

1.6.4. The contractor will ensure that food items are cooked/heated at the following minimum cooking temperatures:

Product Minimum Internal Temperature & Rest Time Beef, Pork, Veal & Lamb Steaks, chops, roasts

145 °F (62.8 °C) and allow to rest for at least 3 minutes

Ground Meats 160 °F (71.1 °C) Ground Poultry 165 °F

Ham, fresh or smoked (uncooked) 145 °F (62.8 °C) and allow to rest for at least 3 minutes

Fully Cooked Ham (to reheat) Reheat cooked hams packaged in USDA-inspected plants to 140 °F (60 °C) and all others to 165 °F (73.9 °C).

All Poultry (breasts, whole bird, legs, thighs, wings, ground poultry, giblets, and stuffing)

165 °F (73.9 °C)

Product Minimum Internal Temperature & Rest Time Eggs 160 °F (71.1 °C) Fish & Shellfish 145 °F (62.8 °C) Casseroles 165 °F (73.9 °C)

1.7. Standards of Conduct. The contractor shall conform to specified professional standards and adhere to The Army Food Program food service standards and ServSafe sanitation standards (National Restaurant Association).

1.7.1. The Contractor shall ensure its contract employees follow food safety and sanitation standards outlined by the Army Food Program and ServSafe.

1.7.2. The Contractor will ensure that all Contractor personnel preparing or serving catered or boxed meals are 18 years or older and have a food handler’s permit as required by the County or State Health Department. The Contractor shall provide a copy of employee food handler permit to the supported unit or COR upon request.

1.7.3. Food shall be prepared, transported and maintained in accordance with Army Regulation 40-657 Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service dated 01/21/2005, and TB MED 530 Tri-Service Food Code dated 03/01/2019.

1.7.4. Food Service Establishments Health Inspection Ratings. All food service establishments shall meet and maintain the following minimum Health Code Requirements:

• Food inspection letter grade of “B” or equivalent

• Food inspection compliance rating of “Good Compliance” or equivalent

1.7.5. Inspection records and additional documentation shall be provided. Out of state caterers must show evidence that they are licensed in their states and are maintaining sanitary standards at least equivalent to regulations established by the NY Department of Health.

1.7.6. DoD Approved Food Sources. Contractors awarded the purchase order will be subject to an initial inspection audit. If required, the Contractor shall be listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, in accordance to Army Regulation (AR) 40-657.

1.7.7. Failure to maintain a sanitary requirements and acceptable quality meals may be grounds for termination under the Default Clause of the contract.

1.7.8. In accordance with U.S. Army regulation TB MED 530, prepared food items will be marked with a time 4 hours past the point in time when the food is removed from hot holding and/or refrigeration. (i.e. packaged at 10:00 a.m., four hours past equals 2:00 p.m.).

1.7.9 The food will be served within the 4 hours from the point in time when the food is removed from temperature control. The food not consumed within the 4 hour limit will be discarded.

1.7.10. Based on TB MED 530, the Government estimates food preparation conducted at the contractor’s establishment must occur within a 60 mile radius of the delivery location. This allows for transfer of food to the Insolated Food Containers (0.5hrs), transportation to the delivery location (1.5hrs), preparation for service (0.5hrs), and service/serving (1.5hrs).

1.8. Meal Changes/Cancellations.

1.8.1. The government reserves the right to make changes to each call/order MINIMUM 48 hour notice for quantity changes.

1.8.2. The government reserves the right to change quantities of meals purchased during the period of performance. If this change is required, a modification will be generated by the Contracting Officer. The contractor shall not perform any work above the stated quantities authorized by the contracting office.

1.9. Access Control.

1.9.1 All persons requesting access to Army installations must have a legitimate purpose to access the installation under the terms of this contract, and must present a current valid Government (Federal, State, or Local) issued photographic identification card. All persons must present identification to any acting security personnel upon request at any installation access control point or during any point of occupation.

1.9.2. All contractor employees must carry proper photo identification with them at all times.

The contractor must ensure compliance with all regulations and orders of the installation which may affect performance.

1.9.3. Unscheduled gate closures by Security Personnel 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. All vehicles are subject to search and inspection pursuant applicable regulations.

1.9.4. 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.

1.9.5. Any person requesting to bring a privately or commercially owned vehicle onto an Army installation must provide current documentation to show that the vehicle is properly registered with a Department of Motor Vehicles or a private vehicle leasing agency in the Continental United States (CONUS). Failure to provide proper documentation will result in denial of vehicular access to the installation. All vehicles will be subject to inspection by Army security personnel.

1.9.6. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee's installation driving privileges.

1.9.7. 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. These employees should be escorted at all times. The inability of contractor employees or deliveries to gain proper access to an Army installation shall not constitute an excuse for nonperformance under this contract.

1.9.8. Contractors and contractor employees will be escorted at all times in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate prior with the COR and/or the facility security office for access when required. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted at all times in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.9.9. Contractor employees must not attempt access to any Soldier training or sleeping areas.

1.10. Parking.

1.10.1. Army installations shall allow only one contractor vehicle for loading and unloading specialty supplies and equipment incident to this contract.

1.10.2. Contractor must not park any vehicle closer than 50 feet to any building.

1.10.3. Contractor and contractor employee must park vehicles only in undesignated parking spaces. Contractor employees must not park overnight unless actively providing services.

2.1. Applicable Publications.

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation Advisory https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement

Advisory http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index .html

DoDM 5200.2 Regulation 5200.02 Procedures for the DoD Personnel

Security Program (PSP)

04/03/2017 Advisory 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 Advisory http://www.apd.army.mil/ProductMaps/PubForm/Army Dir.aspx

AR 190-13

The Army Physical Security Program

06/27/2019 Advisory http://www.apd.army.mil/ProductMaps/PubForm/AR.as px

DoD 5400.11 Department of Defense Privacy Program

1/29/2019 Advisory http://www.dtic.mil/whs/directives/corres/dir.html#

DoD 5400.11-R Department of Defense Privacy Program

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

DoDD 8140.01 Cyberspace Workforce Management

08/11/2014 (Change 1:

07/31/2017)

Advisory 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)

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

AR 25-2

Information Assurance

04/04/2019 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

AR 530-1

Operations Security

09/26/2014 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

DoD 5220.22-M National Industrial Security Program

Operating Manual

02/28/2006 (Change 2:

05/18/2016)

Advisory 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 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

Army Regulation 40-657 Veterinary/Medical Food Safety, Quality

Assurance, and Laboratory Service

01/21/2015 Advisory https://armypubs.army.mil/ProductMaps/PubForm/Detai ls.aspx?PUB_ID=19

ATTP 4-41 Army Field Feeding and

Class I 12/31/2015 Advisory https://armypubs.army.mil/ProductMaps/PubForm/Detai ls.aspx?PUB_ID=105894 TB MED 530 Tri-Service Food Code 3/1/2019 Advisory https://armypubs.army.mil/ProductMaps/PubForm/Activ eInactiveRescSearch.aspx

2.2. Applicable Forms.

Form Date Website I-9

Employment Eligibility Verification 10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441

Department of Defense Security Agreement

Feb 2020 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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,120 Each 03-12JUN24 Dinner Individual

FFP

03-12JUN24 Dinner Individually Packaged 112 Meals including 10 Vegetarian Meals

DATE DINNER

3JUN24 112 PAX (P) 1730 Menu Dinner Day 3 4JUN24 112 PAX (P) 1730 Menu Dinner Day 6 5JUN24 112 PAX (P) 1730 Menu Dinner Day 7 6JUN24 112 PAX (P) 1730 Menu Dinner Day 11 7JUN24 112 PAX (P) 1730 Menu Dinner Day 13 8JUN24 112 PAX (P) 1730 Menu Dinner Day 15 9JUN24 112 PAX (P) 1730 Menu Dinner Day 16 10JUN24 112 PAX (P) 1730 Menu Dinner Day 18 11JUN24 112 PAX (P) 1730 Menu Dinner Day 20 12JUN24 112 PAX (P) 1730 Menu Dinner Day 7

13JUN24 N/A

FOB: Destination MFR PART NR: varies VENDOR PART NR: varies

PURCHASE REQUEST NUMBER: 0012117141

PSC CD: 8905

NET AMT

0002 1,120 Each 04-13JUN24 Breakfast Individual

FFP

04-13JUN24 Breakfast Individually Packaged 112 Meals including 10 Vegetarian Meals

DATE BREAKFAST #OF MEALS

3JUN24 N/A

4JUN24 112 PAX (P) 0600 Menu Breakfast Day 1 5JUN24 112 PAX (P) 0600 Menu Breakfast Day 4 6JUN24 112 PAX (P) 0600 Menu Breakfast Day 7 7JUN24 112 PAX (P) 0600 Menu Breakfast Day 13 8JUN24 112 PAX (P) 0600 Menu Breakfast Day 15 9JUN24 112 PAX (P) 0600 Menu Breakfast Day 16 10JUN24 112 PAX (P) 0600 Menu Breakfast Day 17 11JUN24 112 PAX (P) 0600 Menu Breakfast Day 7 12JUN24 112 PAX (P) 0600 Menu Breakfast Day 20 13JUN24 112 PAX (P) 0600 Menu Breakfast Day 4

FOB: Destination MFR PART NR: varies VENDOR PART NR: varies

0003 112 Each 13JUN24 Lunch Individual

FFP

13JUN24 Lunch Individually Packaged 112 Meals including 10 Vegetarian Meals - Must be packaged for transport

13JUN24 112 PAX (P) 0600 "Menu Lunch Day 4" FOB: Destination MFR PART NR: varies VENDOR PART NR: varies

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 13-JUN-2024 1,120 42D ECAB

SFC STEPHEN VIELE

2P34+C5H, MARIANO COLÓN

SALINAS PR 00751

518-901-9595 FOB: Destination

W913FH

0002 13-JUN-2024 1,120 (SAME AS PREVIOUS LOCATION)

0003 13-JUN-2024 112 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.234-1 Industrial Resources Developed Under Title III, Defense

Production Act

SEP 2016

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 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 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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) Representations. 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)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

- Award will be made to the lowest Small Bussiness offer that is registered in SAM.GOV and meets the requirements of this RFQ and the SOW. Please inlcude inspection reports with your quote.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2024-O0002) (FEB 2024) ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this 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. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000–9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110–174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-- (1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only…