FBODaily.com | FedBizOpps: MOD | S | CATERING SERVICES

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 28, 2018 FBO #6153
MODIFICATION

S -- CATERING SERVICES

Notice Date: 9/26/2018
Notice Type: Modification/Amendment
NAICS: 722310 — Food Service Contractors
Contracting Office: Department of the Navy, United States Marine Corps, MARSOC Contracting, BLDG 1116, CAMP LEJEUNE, North Carolina, 28542, United States
ZIP Code: 28542
Solicitation Number: H92257-18-Q-0159
Archive Date: 10/19/2018
Point of Contact: Jainer Aguilar, Phone: 7607638963, Mitchell Renteria, Phone: 760-763-8963
E-Mail Address: jainer.aguilarbenavides@socom.mil, mitchell.renteria@socom.mil
(jainer.aguilarbenavides@socom.mil, mitchell.renteria@socom.mil)
Small Business Set-Aside: Total Small Business
Description: This is a COMBINED SYNOPSIS/SOLICITATION for Catered Chow Services for Marine Special Operations Company India (MSOC-I) and Alpha (MSOC-A), U.S. Marine Corps Forces, Special Operations Command (MARSOC). This announcement is prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, and Part 13 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92257-18-Q-0159. All interested parties may submit a quote which shall be considered by the agency. The RFQ documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100, effective September 20, 2018 and DFARS Publication Notice (DPN) 20180824, effective on August 24, 2018. This is a restricted purchase set-aside 100% for Small Business concerns. The North American Industry Classification System Code (NAICS) is 722310. The small business size standard is $38.5M. The Federal Supply Classification (PSC) for this order is S203. TYPE CONTRACT. The Government intends to award a single Firm Fixed Price (FFP) type contract as a result of this solicitation. The Government reserves the right and may award based solely on information contained in the quote and is not obligated to seek completion or clarification of any or all of the evaluation factors if the original quote is unclear. The Government intends to make a single Firm Fixed Price Award to satisfy this requirement, but reserves the right to make multiple awards if it is in the best interest of the Government. All quotes submitted shall be the Contractor's Best Quote as it is the Government's intent to entertain one final quote only; this includes any discounts on volume. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your quote meets ALL of the solicitation requirements. Section B - Supplies and Services Iteration 1: MSOC-I (118 personnel) Item No. Supplies/Services Qty Unit of Issue Unit Price Amount 0001 Breakfast Meal - IAW the SOW and all references. Location: Fort Campbell, KY - 462 Meals (42 per day) Location: Tabernacle, KY - 209 Meals (19 per day) Location: Wendell Ford, KY - 209 Meals (19 per day) Location: Springfield, TN - 209 Meals (19 per day) Location: Centerville, TN - 209 Meals (19 per day) Period of Performance: 20 October 2018 - 30 October 2018 1298 ME Total Cost: Item No. Supplies/Services Qty Unit of Issue Unit Price Amount 0002 Dinner Meal - IAW the SOW and all references. Location: Fort Campbell, KY - 462 Meals (42 per day) Location: Tabernacle, KY - 209 Meals (19 per day) Location: Wendell Ford, KY - 209 Meals (19 per day) Location: Springfield, TN - 209 Meals (19 per day) Location: Centerville, TN - 209 Meals (19 per day) Period of Performance: 20 October 2018 - 30 October 2018 1298 ME Total Cost: Iteration 2: MSOC-A (173 personnel) Item No. Supplies/Services Qty Unit of Issue Unit Price Amount 0003 Breakfast Meal - IAW the SOW and all references. Location: Fort Campbell, KY - 480 Meals (40 per day) Location: Tabernacle, KY - 396 Meals (33 per day) Location: Wendell Ford, KY - 396 Meals (33 per day) Location: Springfield, TN - 408 Meals (34 per day) Location: Centerville, TN - 396 Meals (33 per day) Period of Performance: 2 November 2018 - 13 November 2018 2076 ME Total Cost: Item No. Supplies/Services Qty Unit of Issue Unit Price Amount 0004 Dinner Meal - IAW the SOW and all references. Location: Fort Campbell, KY - 440 Meals (40 per day) Location: Tabernacle, KY - 363 Meals (33 per day) Location: Wendell Ford, KY - 374 Meals (33 per day) Location: Springfield, TN - 363 Meals (34 per day) Location: Centerville, TN - 363 Meals (33 per day) Period of Performance: 2 November 2018 - 12 November 2018 (*Note: the last day, 13 Nov, will not need dinner*) 1903 ME Total Cost: The awardee of this award is required to be registered with, understand, and invoice through Wide Area Workflow. Section C - Descriptions and Specifications **See Attachments #1 and #2 - Statement of Work and Enclosure #1 Performance Menu Guidelines** INSPECTION AND ACCEPTANCE POINTS: Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0002 CLIN 0003 Destination INSPECT AT Destination Government INSPECT BY Government Destination ACCEPT AT Destination Government ACCEPT BY Government CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0004 Destination Government Destination Government All FAR representations and certifications shall be submitted through Online Representations and Certifications Application (ORCA) at https://www.sam.gov ADDENDUM 52.212-1: INSTRUCTIONS TO VENDORS-COMMERCIAL ITEMS Quote Preparation and Submission Instructions (1) All questions concerning this procurement, either technical or contractual must be submitted in writing, via email, to the Contracting Office. The deadline for submittal of questions regarding this solicitation is 4:30 pm Pacific Standard Time (PST) on 28 September 2018. Responses will be provided via solicitation/RFQ amendment. No direct exchanges between the technical representative and a prospective Offeror shall be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be submitted via email to: jainer.aguilarbenavides@socom.mil. (2) Quotes must be received no later than 3:00 PM Pacific Standard Time (PST) on 4 October 2018. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and will be the most advantageous to the Government. The prospective offeror must be registered with the System for Award Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes. All quotes must be submitted via email, no other form of submission will be accepted. Quotes shall be emailed to: Mitchell.renteria@socom.mil and jainer.aguilarbenavides@socom.mil. Offerors must provide the following information in their quote: DUNS #, CAGE CODE #, and TIN # For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 10 MB. Vendors are specifically warned that email may be subjected to spam filters or attachment stripping. All transmissions must clearly state the solicitation number and the name of the contracting specialist on the first page to ensure proper receipt. (3) Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the Offeror's understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall provide comprehensive responses to the areas provided for in this section. The quote shall be a complete response to Attachment 1 - Statement of Work and the requirements of this RFQ, taking into consideration required quantities and delivery schedules specified in this solicitation. The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below. (4) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote. Quote Format and Content. Electronic quotes shall contain separate files for each of the (4) volumes. Individual emails shall not exceed 10 MB. The quote page format will be 8 1/2" x 11" except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17". A page is defined as one face of a sheet of paper containing information. Type shall not be less than 10 pitch. Elaborate formats or color presentations are not desired or required. Failure to provide all required documents may render the quote unacceptable. Quote submission requirements are the following: Volume I - Introduction and Qualifying Criteria Volume II - Technical Volume III - Past Performance Volume IV - Price The evaluation will consist of an evaluation of the 4 Volumes, per 52.212-2 EVALUATION--COMMERCIAL ITEMS, as outlined below. After completion of the evaluation, the Government may establish a competitive range and conduct discussions. The Government reserves the right for efficiency purposes to only include the most highly rated quotes in the competitive range. The Government intends to award a single award as a result of this solicitation. Volume I - Introduction and Qualifying Criteria: All listed qualifying criteria submissions will be evaluated on a pass or fail basis. The qualifying criteria shall be submitted in accordance with the instructions contained in this solicitation. Qualifying Criteria: Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate.  The Offeror's Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number.  Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote.  Fill-In Clauses: provide all fill-ins or certifications required by the solicitation, for inclusion in any resulting contract.  Terms and Conditions: The Offeror must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable.  Specific Quote validity period (minimum of 30-days required). Volume II - Technical (Factor I): This volume shall be prepared to address the criteria below, and per the evaluation factors in 52.212-2 EVALUATION--COMMERCIAL ITEMS. Quotes shall address the Offeror's technical capabilities to accomplish the work by providing specific narrative details and/ or description of actual methods, processes and procedures for providing the services described in Attachment 1 - Statement of Work. General statements that the Offeror understands the requirement and shall comply with the requirements of the RFQ will be considered inadequate. Offerors are cautioned not to rephrase or restate the Government's requirements in the quote, but furnish convincing narratives describing "how" they intend to meet these requirements. The Offeror shall limit the Technical Volume to 25 pages (resumes do not count towards page limit). Two copies of Volume II shall be submitted, a normal quote with Company reference and identifying information, and a redacted version of Volume II. The REDACTED Volume II submission shall REMOVE ALL COMPANY SPECIFIC LOGOS, OR NAMES THAT SPECIFICALLY TIE THE VOLUME TO A COMPANY. Volume III - Past Performance (Factor II): Offerors should provide at least three (3) prior or current contract/agreement for similar scoped projects performed during the previous three (3) years. The submitting offeror should submit relevant and recent past performance similar in scope and magnitude in this combined synopsis/solicitation. Include contract/agreement number, period of performance, reference name, reference telephone number, reference e-mail, and contract/agreement information. The Government will evaluate each offeror's past performance on the basis of its relevance to the work that will be required under the resultant contract. Vendor format is acceptable. Recent and Relevant Contracts. Recent is defined as an action within the past three (3) years. Relevance is based on contractor references reflecting past and recent performance which is similar to scope and magnitude of the requirement contain in the solicitation/SOW. Volume IV - Price (Factor III): The Offeror shall provide a pricing volume that includes a breakdown of all costs. There is no page limit to this volume. (End of Provision) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government intends to award a Firm Fixed Price contract to the responsible vendor whose overall quote represents the best value after evaluation in accordance with the factors in the solicitation. To arrive at a selection decision, the Contracting Officer will perform an integrated assessment using the evaluation factors described in this solicitation. This may result in award being made to the higher rated, potentially higher priced quote(s) where the decision is consistent with the evaluation factors. This is a competitive, best value trade-off selection that will be conducted in accordance with (IAW) FAR 13, and utilizing portions of FAR Part 15, and as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Special Operations Federal Acquisition Regulation Supplement (SOFARS). The following factors will be used to evaluate quotes and are in descending order of importance; Technical, Past Performance and Price. When combined technical and past performance, are significantly more important than price. (i) Volume I - Introduction and Qualifying Criteria will be evaluated on a pass or fail basis. (ii) Volume II - Technical. The Offerors approach to performing contract requirements and its capability to successfully perform the contract in accordance with Statement of Work. Evaluation of this factor will focus on the strengths, weaknesses, and deficiencies of the quote. Two copies of the Technical volume must be submitted; a standard complete version and a "re-dacted" copy with no identifying marks or a redacted version must be supplied. a. Sub-Factor I: Personnel Qualifications - The experience, education, and qualifications of personnel proposed to work on the contract will be evaluated to determine their ability to perform their proposed duties. b. Sub-Factor II: Technical Capability - Offerors shall provide a detailed quote response that shows it meets the statement of work for this requirement. This includes but is not limited to equipment to be utilized, ability to manage multiple locations, ability to coordinate and support changes in the delivery schedule. c. Sub-Factor III: Delivery Schedule - Offerors shall show their plan and ability to meet the delivery schedule covering the (3) locations identified in the SOW. Quoters are welcome to make suggestions on options they can provide to best support this effort. Note that the Government is not offering use of any facilities and all support must be provided by the Quoter. d. Sub-Factor IV: Sample Menu - Offerors shall show their ability to meet the requirements listed within Enclosure (1) Performance Menu Guidelines; through a provided sample menu. e. Sub-Factor V: Proper food temperatures - Offerors will identify their plan and capability to ensure that food is received by the Government at proper temperatures per the references listed within the SOW. Technical Ratings: The following ratings will be applied to the technical factors and sub factors during evaluations. These ratings will also be assigned to an overall evaluated rating for the quote. Outstanding: Quote meets and exceeds requirements and indicates an exceptional approach to and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low. Good: Quote meets requirements and indicates a thorough approach to and understanding of the requirements. Quote contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low. Acceptable: Quote meets requirements and indicates an adequate approach to and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate. Marginal: Quote does not clearly meet one or more requirements and has not demonstrated an adequate approach to and understanding of one or more requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high. Unacceptable: Quote does not meet multiple requirements or contains one or more deficiencies. Proposal is un-awardable. When conducting evaluations of Factor 1, the below definitions will be utilized: Strength: An aspect of the quote that increases the likelihood of successful contract performance. Weakness: A flaw in the quote that increases the risk of unsuccessful contract performance. Deficiency: An aspect of the quote that fails to meet a Government requirement or a combination of weaknesses in the quote that increases the risk of unsuccessful contract performance to an unacceptable level. (iii) Volume III - Past Performance- The Government will evaluate Past Performance based on the submission required in the provision 52.212-1 identified above. In evaluating Past Performance, the Government will consider how recent and relevant the past performance references are to the requirements contained in the combined synopsis/solicitation and SOW, the risk to successful performance, and the Government's confidence in the Offeror's ability to successfully perform the solicited requirements. In the case of an offeror without a record of recent or relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance (i.e., Unknown Confidence (Neutral) will be assigned). Past Performance Ratings - The following ratings will be applied to Factor 2 during evaluations. Recent: To be considered recent, past performance must have been performed no more than three (3) years prior to the closing date of this RFQ. Relevant: When making relevancy determinations, the below definitions will be utilized: Confidence: When making confidence determinations, the below definitions will be utilized. This confidence rating will be the overall Past Performance Ratings applied to Factor 2 during evaluations. (iv) Volume IV - Price - While price is of high concern for this requirement, Technical and Past Performance together outweigh the price alone and if it is determined to be in the best interest of the Government award may be made to a higher priced offer. The offeror's quoted price will be evaluated per FAR 13.106-3(a). Offerors responding to this solicitation (RFQ) are advised that, prior to award, the Government may request offerors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote. (a) The Government intends to award solely on the information contained in the quote and intends to award without discussions. The Government reserves the right to conduct discussions if deemed necessary. (b) Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a vendor's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, quotes, price could become the factor in determining which vendor(s) shall receive the award. (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. CLAUSES INCORPORATED BY REFERENCE FAR 52.204-2 Security Requirements Aug 1996 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2015 FAR 52.204-13 System for Award Management Jul 2013 FAR 52.204-16 Commercial and Government Entity Code Reporting Jul 2015 FAR 52.204-18 Commercial and Government Entity Code Maintenance July 2015 FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Dec 2014 FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011 FAR 52.219-3 Notice of Set-Aside of Orders Nov 2011 FAR 52.222-22 Previous Contracts and Compliance Reports Feb 1999 FAR 52.232-39 FAR 52.233-4 Unenforceability of Unauthorized Obligations Applicable Law for Breach of Contract Claim Jun 2013 Oct 2004 FAR 52.243-1 ALT II Changes-Fixed Price Aug 1987 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.253-1 Computer Generated Forms Jan 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirement to inform Employees of Whistleblower Rights Sep 2011 DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials Nov 2011 DFARS 252.203-7997 (Dev) Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements - Representation Oct 2015 DFARS 252.204-7000 Disclosure of Information Aug 2013 DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Alt A System for Award Management Nov 2003 DFARS 252.204-7005 Oral Attestation of Security Responsibilities Nov 2001 DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls Dec 2015 DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2015 DFARS 252.215-7007 Notice of Intent to Resolicit June 2012 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.232-7003 Electronic Submission of Payment Request and Receiving Reports Jul 2014 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7001 Pricing of Contract Modifications Dec 1991 DFARS 252.244-7000 Subcontracts for Commercial Items June 2013 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (ii) Alternate I (NOV 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (JAN 2011) of 52.219-4. ____ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Nov 2016) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). ____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). ____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. ____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). ____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). ____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). ____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (OCT 2015) of 52.223-13. ____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ____ (ii) Alternate I (May 2014) of 52.225-3. ____ (iii) Alternate II (May 2014) of 52.225-3. ____ (iv) Alternate III (May 2014) of 52.225-3. ____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). ____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) _____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). _____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (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. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Combo (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. (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 M67443 Issue By DoDAAC H92257 Admin DoDAAC H92257 Inspect By DoDAAC M20920/M20985 Ship To Code M20920/ M20985 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 and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. TO BE DETERMINED (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. mitchell.renteria@socom.mil. (Contracting Officer: Insert applicable information or "Not applicable.") (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) PROVISIONS INCORPORATED BY FULL TEXT 5652.204-9004 Foreign Persons (2006) In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer. Provide the following information for all foreign persons who will be working on the contract (or "X" here if there are no such individuals: ____): (1) Full Name: (2) Date of Birth: (3) Place of Birth: (4) Nationality: (5) Social Security Number: (6) Visa Status: (7) Current Address: (8) If a Subcontractor, Subcontractor Name and Address: (9) Biographic data and/or resume: 52.204-7 System for Award Management. (a) Definitions. As used in this provision- "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. "Registered in the System for Award Management (SAM) database" means that- (1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database; (2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) 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 exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database. (c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information: (1) Company legal business name. (2) Tradestyle, doing business, or other name by which your entity is commonly recognized. (3) Company Physical Street Address, City, State, and Zip Code. (4) Company Mailing Address, City, State and Zip Code (if separate from physical). (5) Company telephone number. (6) Date the company was started. (7) Number of employees at your location. (8) Chief executive officer/key manager. (9) Line of business (industry). (10) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) Offerors may obtain information on registration at https://www.acquisition.gov. (End of provision) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that- It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. Occupation Code Title Rate 07041 Cook I TBD 07042 Cook II TBD 07130 Food Service Worker TBD This Statement is for Information Only: It is not a Wage Determination
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