Task Force COVID Meals at Kona, Hawaii - Jul-Sep 2021

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR subpart 12.6, using Simplified Acquisition Procedures and FAR subpart 13.5- Simplified procedures for Certain Commercial Items, as supplemented with the additional information included in this notice.  This announcement constitutes the only solicitation; a written solicitation will not be issued.  PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE.  This combined synopsis/ solicitation SHALL be posted on sam.gov.

The RFQ number is W912J6-21-Q-0027.  This solicitation documents and incorporates provisions and clauses in effect through    Federal Acquisition Circular (FAC) 2021-05, effective March 10, 2021. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.  The clauses may be accessed in full text at the links: https://www.acquisition.gov/far & http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html  The NAICS code is 311991 - Perishable Prepared Food Manufacturing and the Small Business Standard Number of Employees is 500.  This solicitation will be competed as a 100% total small business set-aside.

The USPFO-HI Purchasing and Contracting Division requests responses from qualified and responsible sources capable of providing:

CLIN 0001: Prepared packaged meals with drink and utensils up to a total estimated 150 meals per day; an estimated 50  breakfast, estimated 50 lunch and estimated 50 dinner. These meals are required to be delivered to Hawaii National Guard primary designated location at 0600 (6:00 am HST) for breakfast, 1100 (11:00 am HST) for lunch, and 1600 (4:00 pm HST) for dinner. A minimum of a fifteen (15) day menu must be provided and must meet the Hawaii National Guard nutritional guidelines IAW Army Regulation 40–25 OPNAVINST 10110.1/MCO 10110.49 AFI 44–141.

QTY: 50               Breakfast Price: $                          Days: 92 = Total: $                              

QTY: 50               Lunch Price: $                          Days: 92 = Total: $                              

QTY: 50               Dinner Price: $                          Days: 92 = Total: $                              

Period of Performance: 01 July 2021 – 30 September 2021

CLIN 0002: Prepared packaged meals with drink and utensils up to a total estimated 90 meals per day; an estimated 30 breakfast, estimated 30 lunch and estimated 30 dinner. These meals are required to be delivered to Hawaii National Guard primary designated location at 0600 (6:00 am HST) for breakfast, 1100 (11:00 am HST) for lunch, and 1600 (4:00 pm HST) for dinner. A minimum of a fifteen (15) day menu must be provided and must meet the Hawaii National Guard nutritional guidelines IAW Army Regulation 40–25 OPNAVINST 10110.1/MCO 10110.49 AFI 44–141.

QTY: 10                  Breakfast Price: $                          Days: 92 = Total: $                              

QTY: 10                  Lunch Price: $                          Days: 92 = Total: $                              

QTY: 10                  Dinner Price: $                          Days: 92 = Total: $                              

Period of Performance: 01 July 2021 – 30 September 2021

Nutritional Guidelines available at: https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/AR40- 25_WEB_Final.pdf

Responsibility and Inspection:   Unless otherwise specified in the order, the supplier is responsible for the  performance of all inspection requirements and quality control.

Daily Counts: The assigned Government Point of Contact (identified at the time of award) will provide counts for Air Force and Army Service Members that will not to exceed the above numbers. Changes to the daily count will be provided no later than 24 hours the day prior which shall include number of meals and meal restrictions.

The following FAR provision and clauses are applicable to this procurement:

52.203-6          Restrictions on Subcontractor Sales to the Government--Alternate I

52.203-11        Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203-12        Limitation on Payments to Influence Certain Federal Transactions

52.203-19        Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-7          System for Award Management

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

52.204-13        System for Award Management Maintenance

52.204-16        Commercial and Government Entity Code Reporting

52.204-18        Commercial and Government Entity Code Maintenance

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

52.204-25        Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment

52.204-26        Covered Telecommunications Equipment or Services-Representation

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

52.209-7          Information Regarding Responsibility Matters

52.209-9          Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10        Prohibition on Contracting with Inverted Domestic Corporations

52.212-1          Instructions to Offerors—Commercial Items

52.212-3          Offeror Representations and Certifications—Commercial Items

52.212-3          Offeror Representations and Certifications—Commercial Items--Alternate I

52.212-4          Contract Terms and Conditions—Commercial Items

52.212-5          Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items

52.217-5          Evaluation of Options

52.219-8          Utilization of Small Business Concerns

52.219-14        Limitations on Subcontracting

52.219-28        Post-Award Small Business Program Rerepresentation

52.222-3          Convict Labor

52.222-19        Child Labor—Cooperation with Authorities and Remedies

52.222-21        Prohibition of Segregated Facilities

52.222-26        Equal Opportunity

52.222-35        Equal Opportunity for Veterans

52.222-36        Equal Opportunity for Workers with Disabilities

52.222-37        Employment Reports on Veterans

52.222-40        Notification of Employee Rights Under the National Labor Relations Act

52.222-50        Combating Trafficking in Persons

52.223-18        Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-1          Buy American Act--Supplies 

52.225-13        Restrictions on Certain Foreign Purchases

52.232-19        Availability of Funds for the Next Fiscal Year

52.232-33        Payment by Electronic Funds Transfer—System for Award Management

52.232-40        Providing Accelerated Payments to Small Business Subcontractors

52.233-3          Protest after Award

52.233-4          Applicable Law for Breach of Contract Claim 

52.239-1          Privacy or Security Safeguards

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

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

      (a)  Definitions. As used in this provision—

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

      (b)  Prohibition.

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

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

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

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

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

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

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

      (d)  Representation. The Offeror represents that—

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

           (2)  After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

          It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

      (e)  Disclosures.

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

                (i)  For covered equipment—

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

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

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

                (ii)  For covered services—

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

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

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

                (i)  For covered equipment—

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

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

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

                (ii)  For covered services—

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

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

(End of provision)

Vendor Name:_____________________

Cage Code:_______________________

Signature: __________________________

Signee Name:________________________

52.252-1          Solicitation Provisions Incorporated by Reference

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/

(End of provision)

52.252-2          Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/

(End of clause)

Quoters shall include a completed copy of 52.212-3 and its ALT I and 52.204-24, and 52.204-26 with quotes.  All clauses shall be incorporated by reference in the order.  Additional contract terms and conditions applicable to this procurement are: 

252.203-7000  Requirements Relating to Compensation of Former DoD Officials

252.203-7005  Representation Relating to Compensation of Former DoD Officials

252.204-7003  Control of Government Personnel Work Product

252.204-7011  Alternative Line Item Structure

252.204-7012  Safeguarding of Unclassified Controlled Technical Information

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

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

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

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

252.205-7000  Provision of Information to Cooperative Agreement Holders

252.215-7008  Only One Offer

252.223-7008  Prohibition of Hexavalent Chromium

252.232-7003  Electronic Submission of Payment Requests and Receiving Reports

252.232-7010  Levies on Contract Payments

252.243-7002  Requests for Equitable Adjustment

252.244-7000  Subcontracts for Commercial Items

252.247-7023  Transportation of Supplies by Sea--Basic

252.232-7006  Wide Area WorkFlow Payment Instructions

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1)  Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC**

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Contractor must complete all Representations and Certifications found in the provisions listed below within their profile in the System for Award Management (SAM) at https://www.sam.gov.  If not previously completed, all offerors must complete provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment to be eligible for award.

Quotes are due by 4:30 p.m. Hawaii Standard Time on Friday, 25 June 2021.  Electronic proposals must be submitted via email to jay.renguul.mil@mail.mil.  Facsimile proposals will not be accepted.  Questions regarding this solicitation may be directed to Jay Renguul at jay.renguul.mil@mail.mil no later than 4:00 p.m. Hawaii Standard Time Thursday, 24 June 2021.  Reference Solicitation number W912J6-21-Q-0027 in subject line.

Submissions must not exceed 10 pages or keep it below 300 KB and it should provide the following: Vendor Name, Vendor POC, Vendor CAGE, Vendor DUNS, Contact Phone Number, Email, Discount Terms (if applicable), and Socio-Economic status.  In order to be eligible for award, all respondents shall provide a completed 889 Certification (attachment #2 889 Certification) with their submission.

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.  (FAR 52.212-1(g). 

An offeror which requires the Government to execute a separate agreement with a third party shall not be deemed technically acceptable.