W912QM-23-Q-0011.pdf

Request for Quote: W912QM-23-Q-0011

Catered Meal Service SFA Panama 22.3/23.1

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Solicitation W912QM-23-Q-0011 is being issued as a Request for Quotation (RFQ). This RFQ is NOT an order, is not legally binding, and does not commit the U.S.

Government (USG) in any way. This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a quote.

2. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

(FAC) 2022-08 – 28 October 2022.

3. The USG intends to award a Firm Fixed Price purchase order to the successful offeror of this RFQ.

Award will be made to the responsible offeror whose offer conforming to the request for quote will be most advantageous to the USG, price and other factors considered. All quotes shall follow directions dictated in FAR 52.212-1 and FAR 52.212-2, included in the subsequent RFQ.

4. The USG has the right to change, modify, or cancel the requirement is its entirety at no penalty up to 72 hours prior to execution of the Period of Performance or Services or Delivery of Goods.

5. The North American Industry Classification System (NAICS) code is 722320 – Caterers. This requirement will not utilize small business set asides for contract considerations.

6. Offerors must be registered in the System for Award Management (SAM) at http://www.beta.sam.gov/.

A current copy of a prospective awardee’s Reps and Certs will be validated using the SAM website prior to the issuance of an award.

7. For information regarding the service acceptor or point of acceptance, please refer to FAR 252.232- 7006 (incorporated by full text) below.

8. The following commercial provisions and clauses are applicable to this acquisition: FAR 52.212-1, 52.212-2, 52.212-3, 52.212-4, and 52.212-5.

9. Except for what’s listed within this RFQ, there are no other additional terms and conditions that the Contracting Officer has considered to be necessary for this acquisition and consistent with customary commercial practices.

10. All quotes shall be valid for at least 60 days from submission.

11. Please respond to this RFQ by emailing response to: Major Marquis A. Naylor and Ms. Maria Noema Reyes. E-mail: marquis.a.naylor.mil@mail.mil and maria.n.reyesromero.ln@mail.mil no later than 3:00 P.M., Central Standard Time (GMT-6), 5 January 2023, Thursday. Please ensure quote is returned to all of the requested emails listed above to reduce the risk of outside emails being blocked by the military email system. Any potential amendments will be posted in the same fashion as the solicitation. All questions must be received by same points of contact listed above by 12:00 P.M. Central Standard Time (GMT-6), 27 December 2022, Tuesday.

SEE ADDENDUM

(No Collect Calls)

W912QM23Q0011 23-Dec-2022

b. TELEPHONE NUMBER

449-4572

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 05 Jan 2023

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.

W912QM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARIA N. REYES

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

RCO SOTO CANO

ATTN: MARIA NOEMA REYES ROMERO

UNIT 5714, SOTO CANO AIR BASE

PALMEROLA, COMAYAGUA

HONDURAS, C.A.

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 W81XG9 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SECURITY FORCES ASSISTANCE PANAMA 2022

OFFICER IN CHARGE

SECURITY FORCES ASSISTANCE (SFA ) PANAMA 2021

ITES, PANAMA, PANAMA

PANAMA

TEL: FAX:

011-504-2713-5123 X 449-4497FAX:

TEL: 011-504-2713-5123 X 449-4572 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

722320

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF54

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.

W912QM23Q0011

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3,180 Each

BREAKFAST MEAL

FFP

Vendor shall provide Catered Breakfast Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

FOB: Destination

PSC CD: S203

NET AMT

0002 3,180 Each

LUNCH MEAL

FFP

Vendor shall provide Catered Lunch Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

0003 3,180 Each

DINNER MEAL

FFP

Vendor shall provide Catered Dinner Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

0004 1 Each

DEFENSE BASE ACT

FFP

THIS IS A NOT TO EXCEED LINE ITEM - NTE $10,000

DBA Insurance: “The amount listed by the offeror on this contract line item number (CLIN) is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors). The DBA insurance premium varies with payroll and the nature of the services. The actual amount paid by the Government under this CLIN will be based on the amount of the stamped “PAID” receipt from an authorized DoL insurance carrier and submitted by the contractor after award for reimbursement. In the event premiums are recalculated by the authorized DoL insurance carrier based on actual payrolls, the contracting officer will adjust the DBA CLIN amount to reflect the actual premium amount paid. The US Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL authorized insurance provider.”

1001 5,490 Each

BREAKFAST MEAL

FFP

Vendor shall provide Catered Breakfast Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

1002 5,490 Each

LUNCH MEAL

FFP

Vendor shall provide Catered Lunch Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

1003 5,490 Each

DINNER MEAL

FFP

Vendor shall provide Catered Dinner Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

1004 1 Each

DEFENSE BASE ACT

FFP

THIS IS A NOT TO EXCEED LINE ITEM - NTE $10,000

DBA Insurance: “The amount listed by the offeror on this contract line item number (CLIN) is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors). The DBA insurance premium varies with payroll and the nature of the services. The actual amount paid by the Government under this CLIN will be based on the amount of the stamped “PAID” receipt from an authorized DoL insurance carrier and submitted by the contractor after award for reimbursement. In the event premiums are recalculated by the authorized DoL insurance carrier based on actual payrolls, the contracting officer will adjust the DBA CLIN amount to reflect the actual premium amount paid. The US Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL authorized insurance provider.”

2001 5,475 Each

BREAKFAST MEAL

FFP

Vendor shall provide Catered Breakfast Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

2002 5,475 Each

LUNCH MEAL

FFP

Vendor shall provide Catered Lunch Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

2003 5,475 Each

DINNER MEAL

FFP

Vendor shall provide Catered Dinner Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

2004 1 Each

DEFENSE BASE ACT

FFP

THIS IS A NOT TO EXCEED LINE ITEM - NTE $10,000

DBA Insurance: “The amount listed by the offeror on this contract line item number (CLIN) is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors). The DBA insurance premium varies with payroll and the nature of the services. The actual amount paid by the Government under this CLIN will be based on the amount of the stamped “PAID” receipt from an authorized DoL insurance carrier and submitted by the contractor after award for reimbursement. In the event premiums are recalculated by the authorized DoL insurance carrier based on actual payrolls, the contracting officer will adjust the DBA CLIN amount to reflect the actual premium amount paid. The US Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL authorized insurance provider.”

3001 5,475 Each

BREAKFAST MEAL

FFP

Vendor shall provide Catered Breakfast Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

3002 5,475 Each

LUNCH MEAL

FFP

Vendor shall provide Catered Lunch Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

3003 5,475 Each

DINNER MEAL

FFP

Vendor shall provide Catered Dinner Meals in Meteti in support of United States Army South Security Forces Assistance (SFA) PAN 22.2/23.1 in accordance with attached Performance Work Statement.

3004 1 Each

DEFENSE BASE ACT

FFP

THIS IS A NOT TO EXCEED LINE ITEM - NTE $10,000

DBA Insurance: “The amount listed by the offeror on this contract line item number (CLIN) is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors). The DBA insurance premium varies with payroll and the nature of the services. The actual amount paid by the Government under this CLIN will be based on the amount of the stamped “PAID” receipt from an authorized DoL insurance carrier and submitted by the contractor after award for reimbursement. In the event premiums are recalculated by the authorized DoL insurance carrier based on actual payrolls, the contracting officer will adjust the DBA CLIN amount to reflect the actual premium amount paid. The US Government will NOT reimburse the contractor for DBA insurance purchased from a non-DoL authorized insurance provider.”

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 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2023 TO

31-AUG-2023

N/A SECURITY FORCES ASSISTANCE

PANAMA 2022

OFFICER IN CHARGE

SECURITY FORCES ASSISTANCE (SFA )

PANAMA 2021

ITES, PANAMA, PANAMA

PANAMA

W81XG9

0002 POP 01-FEB-2023 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-FEB-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-SEP-2023 TO

31-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-1 Approval of Contract DEC 1989 52.204-2 Security Requirements MAR 2021 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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

OCT 2022

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

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (Soto Cano Air Base, Honduras, BLDG K-11 APO, AA 34042-5000) by obtaining written and dated acknowledgment of receipt from MAJ Marquis Naylor. (Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.)

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

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

MAY 2021

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

JAN 2021

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

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7987 (Dev) Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility

(DEVIATION 2021-O0004)

FEB 2021

252.229-7001 Tax Relief APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.233-7001 Choice of Law (Overseas) JUN 1997 252.234-7001 Notice of Earned Value Management System APR 2008 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

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.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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:

1). Technical Analysis:

The Government will evaluate acceptable quotes by examining that the vendor's quotation (including their personnel management plan) and ensuring the proposed personnel have the appropriate credentials and experience to perform in accordance with the PWS.

2). Past Performance:

The Government will evaluate the acceptable quotes based upon the Recency and Relevancy of vendors' past performance. Vendors must submit examples of recent and relevant providing equivalent or similar services as those requested. If a vendor does not have past performance, that will neither help nor detract from the vendor’s proposal;

however, the vendor must submit additional details demonstrating their responsibility to meet the requirements in accordance with FAR 9.104-1.

3). Price:

The Government will evaluate the acceptable quote to ensure a fair and reasonable price by using one or more of the following price analysis techniques:

a. Comparison of proposed prices received in response to the solicitation

b. Comparison of proposed prices with the Government estimate.

c. Comparison of proposed prices with available historical information or other market research techniques.

VENDORS MUST SUBMIT ESTIMATES FOR THE DBA CLINS AS PART OF THEIR PROPOSALS. The estimated amount proposed for DBA insurance will not be evaluated; however, it will be included in the total contract amount. DBA will be a separately-priced CLIN for each base and for each option period. The DBA CLINs will be “estimated” until the paid invoice is submitted.

Relative importance and weight of evaluation factors: Technical Analysis, 2). Past Performance and 3). Price. The technical analysis of the quotations will carry the most weight, while the past performance will be secondary, followed by price. Thus, all other evaluation factors other than cost or price, when combined, are significantly more important than cost or price. All quotations will be ranked accordingly during the evaluation process.

1). Technical Analysis: The Government will evaluate acceptable quotes by examining the vendor's quotation (including their personnel management plan) meets the requirements specified in the PWS. Vendors must have a valid food and water risk assessment on file with the U.S. Government requiring activity and the associated risk from that assessment will be included and a discriminator in the technical acceptability of a vendor's quotation.

2). Price: The Government will evaluate the acceptable quote to ensure a fair and reasonable price by using one or more of the following price analysis techniques:

a. Comparison of proposed prices received in response to the solicitation

b. Comparison of proposed prices with the Government estimate.

c. Comparison of proposed prices with available historical information or other market research techniques.

3). Past Performance: The Government will evaluate the acceptable quotes based upon the Recency and Relevancy of vendors' past performance. Vendors must submit examples of recent and relevant providing equivalent or similar services as those requested. If a vendor does not have past performance, that will neither help nor detract from the vendor’s proposal; however, the vendor must submit additional details demonstrating their responsibility to meet the requirements in accordance with FAR 9.104-1.

VENDORS MUST SUBMIT ESTIMATES FOR THE DBA CLINS AS PART OF THEIR PROPOSALS. The estimated amount proposed for DBA insurance will not be evaluated; however, it will be included in the total contract amount. DBA will be a separately-priced CLIN for each base and for each option period. The DBA CLINs will be “estimated” until the paid invoice is submitted.

Relative importance and weight of evaluation factors: 1). Price 2). Technical Analysis, and 3). Past Performance.

The technical analysis of the quotations will carry the most weight, while the past performance will be secondary, followed by price. Thus, all other evaluation factors other than cost or price, when combined, are significantly more important than cost or price. All quotations will be ranked accordingly during the evaluation process.

(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, mathematically, or materially unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). As part of price evaluation, the government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the offeror's final option period prices to the offeror's total price. Thus, the offeror's total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, and one-half of the 3rd option. As indicated in FAR 52.217-8 the government will have the option provision to extend the performance of the contract up to an additional 6 months when the contractor is provided written notice. Providing pricing for the optional six-month extension period is not required.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.