W912PQ-20-Q-0004.pdf

SEE ADDENDUM

(No Collect Calls)

W912PQ20Q0004 07-Nov-2019

b. TELEPHONE NUMBER

518-786-4747

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 14 Nov 2019

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.

W912PQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTINE CAMPBELL

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

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

SEE SCHEDULE

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 ORX

SMALL BUSINESS

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

722320

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 OF83

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.

W912PQ20Q0004

Section SF 30 - BLOCK 14 CONTINUATION PAGE

PWS 42 ID

Performance Work Statement (PWS) Contracted Meals Delivered to Fort Indiantown Gap, PA for

HSC 42ID HHBN PMT

1 DESCRIPTION OF SERVICES: The New York Army National Guard (NYARNG) anticipates purchasing catered meals in accordance with this Performance Work Statement (PWS). The intent is to provide quality catered meals to the NYARNG, in support of personnel in attendance of various training events. The contractor must provide timely, high quality meals cooked under commercial standards and high quality customer service. The NYARNG 21 Day Menu is designed to support the Army training environment, and it is critical for the contractor to provide all identified menu components and condiments within the identified food service timeframes.

1.1 SPECIFIC REQUIREMENTS: The contractor will furnish all containers, personnel, supervision, materials to include plates, bowls, cups, and flatware necessary to support all meals.

1.2.1 All prepared meals must be delivered and available on site in the proper warmer/cooler or serving line no later than 15 minutes before the scheduled serving time unless otherwise directed. The serving line will be open for 120 minutes. Menu deviations require prior approval of the Contracting Officer Representative (COR) and/or Contracting Officer.

1.2.2 The contractor shall designate in writing a supervisor authorized to act on the contractor’s behalf during the performance of this contract and will provide the

COR a written designation of the supervisor via email 48 hours prior to any change in contractor supervision. This supervisor(s) shall be present when contract employees are working. This individual will be the single point of contact between the COR and contractor on all matters of the contract.

1.2.3 Warming products need to be provided for all training areas and ranges areas to include coffee, soup, hot coco, and hot tea. Also all products associated with warming products, sugar, creamer, tea bags, spoons, cups, and bowls.

1.3 GENERAL INFORMATION:

1.3.1 HOURS OF OPERATION: Contracted catered meals shall be served during the timeline designated by the lead unit person-in-charge. If timeline adjustments are required, the COR will submit such time changes to the contractor 48 hours in advance.

1.4 MEAL COMPOSITION: The contractor shall follow the menus specified in the contract to provide meals offering variety, contrast in texture, flavor and color.

1.4.1 The contractor shall provide all condiments (mayonnaise, mustard, ketchup, steak sauce, hot sauce, salad dressings, syrup, salt and pepper, etc.) to complement the meal being served.

1.4.2 The contractor will ensure that foods are served at the applicable temperature, based on the industry standard. Hot food will be maintained 135 degrees Fahrenheit and cold food will be maintained below 41 degrees Fahrenheit. Prior to and during serving, the COR may check the temperatures for quality assurance.

1.4.3 The quality of the food served shall be equivalent to commercially available prepared meals. The Contractor is responsible for serving in accordance with portion sizes referenced in the NYARNG 21 Day menus and allowing second servings if extra remains and all patrons have received an initial serving.

1.4.5 If the contractor chooses to prepare meals in a mobile kitchen unit the contractor shall still deliver meals in appropriate heating and cooling dishes. The mobile unit shall be held to the same standards of cleanliness and requirements for inspection as a standard facility.

The mobile unit must be fully self-contained. The government is not responsible for providing utility connectors or connections compatible with mobile kitchen units. The use of on-site kitchen is the preferred choice.

1.5 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).

1.5.1 The contractor shall be in compliance with all Federal, State and local laws, regulations, policies, permits and insurance pertaining to the appropriate food industry, including TB Med 530 (Tri-Service Food Code).

1.5.2 Contractors may not have received more than four (4) critical findings and must have a passing score on their most recent health inspection. 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.

1.5.3 The contractor will transport food to feeding sites in clean, covered vehicles that will not subject the FOOD to ADULTERATION or CONTAMINATION as specified in Army regulation TB MED 530.

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

1.5.5 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.).

1.5.6 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.

1.5.7 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).

1.5.8 Based on U.S. Army Regulation AR 657, the New York Army National Guard reserves the right to conduct a site visit to the contractor’s off-post operating location.

1.6 SPECIAL INSTRUCTIONS:

1.6.1 All supervisory staff shall be ServSafe qualified. Certificates must be provided to the COR. All other employees involved in the execution of this requirement shall have a minimum of one hour training by a ServSafe certified instructor to review aspects of food sanitation to ensure compliance with safety, food handling, cleaning etc.

1.6.2 Personal Hygiene: the Contractor shall ensure its contract employees follow food safety and sanitation standards outlined by the Army Food Program and ServSafe.

1.6.3 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.

1.6.4 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.

1.7 SECURITY REQUIREMENTS:

1.7.1 All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities (billets, dining facilities, readiness centers) and controlled access areas must complete Anti-Terrorism (AT) Level I awareness training within 30 calendar days after contract start date and within 30 days of new employee start date and annually thereafter. The contractor must submit certificates of completion for each affected contractor and subcontractor employee, to the COR, or to the CO if a COR is not assigned, within 30 calendar days after completion of training by all contractor and subcontractor personnel. AT level I awareness training is available at:

http://jko.jten.mil/courses/atl1/launch.html

1.7.2 Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contract Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

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

1.7.4 The contractor and all associated sub-contractors shall brief all employees on the local iWATCH-NYNG (http://dmna.ny.gov/atfp/) program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or NYARNG personnel. This training must be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.7.5 Per AR 530-1 Operations Security (OPSEC), the contractor and associated sub-contractors employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

Available at http://cdsetrain.dtic.mil/opsec/index.htm

1.7.6 The Contractor must not post to company websites, publications, newsletters or other media any images, data or information that reveal sensitive government operations, personnel, equipment, and/or classified or controlled unclassified information. When in doubt, company press releases related to this contract should be coordinated through the Contracting Officer.

1.7.7 Because observation of events, operations, physical changes, etc. may reveal sensitive information, specific restrictions are needed to preclude unintentional release of this information to unauthorized parties. Therefore, contractor personnel and all associated sub-contractors employees must not disclose to unauthorized third parties, post to unofficial sites (including Social Networking sites) any images, data or information, or observed events that reveal sensitive government operations, personnel, equipment; including, but not limited to: head-counts, activities, schedules, work/deployment frequency, routines, techniques, procedures, assets, weapons, equipment, personnel names, titles, positions, personnel movements, facility conditions, repairs, equipment movements, equipment orders, deliveries, shipments, etc., Unauthorized disclosures and attempts to solicit this type of information by unauthorized third parties or others not affiliated with this contract must be reported to the installation Security Office.

1.8 ACCESS CONTROL:

1.8.1 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. 1.8.2 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.

1.8.3 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.

1.8.4 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.

1.8.5 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.

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

1.8.7 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.

1.8.8 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.

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

1.9 PARKING:

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

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

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

1.9.4 Government shall tow any illegally or unsafely parked vehicle at vehicle owner expense.

1.10 PHYSICAL SECURITY:

1.10.1 The contractor must safeguard all Government property provided for contractor use.

At the close of each work period, contractor must secure all Government facilities, property, equipment, and materials.

1.10.2 Key Control. The contractor must establish and implement methods of ensuring all keys and key cards issued by the Government are not lost or misplaced, and are not used by unauthorized persons. NOTE: All references to keys include key cards. Contractor must not duplicate any keys.

1.10.3 In the event contractor personnel lose or duplicate keys (other than master keys), the Government shall replace the affected lock or locks or perform re-keying. Under direction of the COR, total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due the contractor. In the event contractor personnel loses or duplicates a master key, the Government shall replace all locks and keys for that system, and the total cost deducted from payment due the contractor.

1.10.4 The contactor must prohibit the use of the Government issued keys/key cards by any persons other than the contractor's employees. The contractor must prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the COR.

1.11 ADDITIONAL WORK BY CONTRACTOR: Any additional goods or change to work specified which may be performed by the Contractor, either at his own volition or at the request of an individual other than a duly appointed contracting officer; except as may be explicitly authorized in the contract, will be done at the financial risk of the Contractor. Only the Contracting Officer is authorized to bind the Government to a change in the specifications, terms, or conditions of this contract.

SECTION 2

2. Government Furnished Equipment and Government Furnished Property:

2.1 Materials: The Government will not furnish any food preparation supplies or serving materials, e.g. plates, cups, spoons, cleaning materials etc.

2.2 Equipment: Contractor shall not modify or repair any government equipment. The contractor shall clean and return the government equipment in the same condition it was received. If there is a problem during usage, it should immediately be reported to the COR.

The Government will furnish the following equipment:

2.3 Personnel: Government furnished Kitchen Police (KP) is not authorized to be provided to the contractor unless approved by the Contracting Officer.

2.4 Services: The Government will furnish trash removal services incident to food services.

2.5 In the event contractor personnel destroy, damage, waste, or sully, any Government Furnished Property, Material, Equipment and Services(GFP/M/E/S/U) beyond normal wear and tear, the Government will repair or replace the affected item and deduct the total cost from payment due the contracted.

2.6 Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting data will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While data may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at http://www.ecmra.mil/.

SECTION 3

3 SERVICES SUMMARY: The services to be performed by the Contractor during the period of this requirement, at all times and places are subject to review by the Contracting Officer and the COR.

3.1 The Contracting Officer's Representative (COR) is the authorized individual who will perform assessments of the Contractor's performance. COR may inspect the insolated food containers for compliance with contract terms and governing regulations. The assessment/inspection will be based on the Quality Assurance Surveillance Plan (QASP) provided. The COR will utilize relevant food service checklist provided to assist with evaluation and documentation of inspections and subsequent results.

3.2 The Contractor’s performance will be evaluated at least once during contract performance. For those tasks listed on the QASP, the COR will follow the methods of surveillance specified. The COR will record all surveillance observations. When an observation indicates other than a “GREEN” rating, the COR will require the Contract Manager or representative to initial the observation. The initialing of the observation does not constitute concurrence with the observation; only acknowledging that they have been made aware of the defective performance.

3.3 The COR is required to submit completed QASPs and any other supporting documentation; i.e. DD 2772 (Contract Discrepancy Report) generated during contract performance, to the Contracting Officer within five workdays of contract completion.

3.4 The COR may use the Supplemental Surveillance Checklist to assist in completing the QASP. (Located in Section 5)

QUALITY

ASSURANCE

SURVEILLANCE

Performance Standard

Acceptable Quality Level

Method Used/ Frequency

PLAN (QASP)

Deliverable/Tasks Meal

- Food is hot, warm, fresh as appropriate

- Portions are sufficient size

- Meal includes all components, entrée, starch, salad, vegetable, desert and drink

- Meal plates and utensils are provided

98% of time

- Daily inspections and spot checks

- Complaint

Food Serving and

Transportation

- Food is transported in food safe containers

- Food is transported IAW food handling regulations

- Food items are served at proper temperatures

- Prepared to serve by scheduled time

- Hot food will be above 135 degrees

- Cold food will be below 41 degrees

100% of time

- Daily inspections and

- Complaint

Timeliness - Meals are delivered at least 15 minutes prior to scheduled serving time

100% of time Daily inspections and spot checks

- Complaint

Cleanliness

- Maintains cleanliness of serving equipment

- Maintains cleanliness of dining area

98% of time -Daily inspections and

-Complaint

- Maintains cleanliness of kitchen

Contractor Personnel

- Contractor personnel have proper hygiene

- Contractor personnel wear proper attire

98% of time - Daily inspections and

-Complaint

PWS HHC1-69

11 Jan 2020 – 22 Jan 2020 – Qty 734 each meal

DINNER 11 JAN 20 MENU# 4

BREAKFAST 12 JAN 20 MENU# l

DINNER 12 JAN 20 MENU# 5

BREAKFAST 13 JAN 20 MENU# 2

DINNER 13 JAN 20 MENU# 6

BREAKFAST l4JAN20 MENU#3

DINNER 14 JAN 20 MENU# 7

BREAKFAST 15 JAN 20 MENU# 1

DINNER 15 JAN 20 MENU# 8

BREAKFAST 16 JAN 20 MENU # 2

DINNER 16 JAN 20 MENU# 9

BREAK.FASTI7JAN20 MENU#3

DINNER17JAN20 MENU#I0

BREAKFAST 18 JAN 20 MENU# 1

DINNER 18 JAN20 .MENU# 11

BREAKFAST 19 JAN 20 MENU# 2

DINNER 19 JAN 20 .MENU# 12

BREAKFAST 20 JAN 20 MENU # 3

DINNER20JAN20MENU# 13

BREAKFAST21 JAN20 MENU# 1

DINNER21 JAN20MENU# 14

BREAKFAST 22 JAN 20 MENU # 2

DINNER 22 JAN 20 MENU# 15

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job CL1 Catered AT Meals HHBN PMT 11-22JAN20

FFP

CL1 Catered AT Meals HHBN PMT 11-22JAN20. Provide Catered meals in accordance with the enclosed Performance Work Statement (PWS).

Wage Determination dated 19 July 2019 applies and is attached.

Provide Dinner and Breakfast for Qty of 734 each meal beginning with Dinner on

11 Jan 2020 and ending with Dinner on 22 Jan 2020 - See Attached for NYARNG

21 Day Menu Selections

FOB: Destination

PURCHASE REQUEST NUMBER: 0011421262-0001

PSC CD: S203

NET AMT

0002 1 Job Catered Meals 1-69 21-24NOV19 FTIG

FFP

Catered Meals 1-69 21-24NOV19 FTIG. Provide Catered meals in accordance with the enclosed Performance Work Statement (PWS).

Wage Determination dated 19 July 2019 applies and is attached.

21 Nov 2019 Dinner Qty 100 Menu 1

22 Nov 2019 Breakfast Qty 100 Menu 1

22 Nov 2019 Dinner Qty 320 Menu 2

23 Nov 2019 Breakfast Qty 320 Menu 2

23 Nov 2019 Dinner Qty 320 Menu 3

24 Nov 2019 Breakfast Qty 100 menu 3

FOB: Destination

PURCHASE REQUEST NUMBER: 0011408470

0003 1 Job Contract Manpower Reporting

FFP

Contractor Manpower Reporting

Please note the Contractor Manpower Reporting requirement is mandated by the

Dept. of Army and requires the reporting of the dollar value of labor hours and total labor hours required for the performance of an awarded service.

For more information Statement of Work/Contractor Manpower Reporting paragraph 14.

Requiring Activity UIC W8BNAA is provided to facilitate reporting.

Contractor Manpower Reporting website: https://www.ecmra.mil/Default.aspx

FOB: Destination

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 POP 11-JAN-2020 TO

22-JAN-2020

N/A HQ & SPT CO 42ID

HQ & SPT CO 42ID

BLDG 6-203 FORT INDIANTOWN GAP

ANNVILLE PA 17003

W918DU

0002 POP 21-NOV-2019 TO

24-NOV-2019

N/A HHC 1-69 IN

HHC 1-69 IN

BLDG 4-82 FT INDIANTOWN GAP

ANNVILLE PA 17003

W91BWV

0003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-37 Employment Reports on Veterans FEB 2016

52.222-50 Combating Trafficking in Persons JAN 2019

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.233-3 Protest After Award AUG 1996

52.237-3 Continuity Of Services JAN 1991

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 SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-

19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision 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.

(d) Representation. By submission of its offer, the Offeror represents that it will 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).

(End of provision)

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.

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

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

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

(c) Representation. The Offeror represents that--

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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

1. submits the lowest evaluated bid or offer, and

2. submits a bid or proposal that meets all the material requirements of this solicitation, and

3. meets all the responsibility criteria at FAR 9.104

(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 ITEMS (OCT 2018)

ALTERNATE I (OCT 2014)

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 (u)) of this provision.

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

“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. 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;

https://www.sam.gov/

(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.

“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 concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business…