Inactive Total Small Business Set-Aside (FAR 19.5)

This is a combined synopsis/solicitation for commercial products prepared in accordance with procedures in FAR subpart 12.6 (48 C.F.R. § 12.6), as supplemented by additional information included in th... This is a combined synopsis/solicitation for commercial products prepared in accordance with procedures in FAR subpart 12.6 (48 C.F.R. § 12.6), as supplemented by additional information included in this notice. This announcement constitutes the only notice of the solicitation for this requirement. This solicitation HQC004-24-Q- 0041is a request for quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 dated 4/22/24. The North American Industry Classification (NAICS) code is 333415 with a small business size standard of 1,250 employees. Any contract resulting from this solicitation shall be a single award indefinite-delivery indefinite-quantity contract (IDIQ), as defined in FAR 16.504. The maximum quantity acquired under any contract resulting from this solicitation will be 375, including the base and all options. The minimum quantity ordered under the contract will be 1. Description of Requirement: This requirement is for the acquisition of Sandwich Prep Tables to be delivered to the Defense Commissary Agency (DeCA) stores located in Continental United States (CONUS), Alaska, Hawaii, Outside the Continental United States (OCONUS), including the Far East (Japan and S. Korea), Europe and Puerto Rico. In support of stores located in the Far East, Europe and Puerto Rico, deliveries shall be made to the following ports: Norfolk, VA (MDV/SpartanNash; 1187 Azalea Garden Road; Norfolk, VA 23502) for Puerto Rico and Europe and Stockton, CA (Coastal Pacific Distributors; 1015 Performance Drive; Stockton, CA 95206) for Japan and S. Korea. A complete description of the requirement can be found in the attached commissary equipment descriptions (CEDs), Attachment 1. Please note that dual voltage is not a requirement. The sandwich prep table quantities located at each commissary store can be found in Attachment 2. The contractor will be responsible for delivering products prepared for overseas shipment. Delivery to designated locations is required within 60 days after constructive receipt of delivery order. There is no commitment by the Government to, make award(s), or to be responsible for any expenses or obligations incurred by entities that review or respond to this request for quotation. The Government intent will award this requirement using FAR Subpart 13.5 procedures, with firm fixed-pricing methodology. In accordance with FAR 17.202, the award will include option periods. Period of Performance (POP): Base Year: Option Year One: Option Year Two: Option Year Three: September 1, 2024 – August 31, 2025 September 1, 2025 – August 31, 2026 September 1, 2026 – August 31, 2027 September 1, 2027 – August 31, 2028 Option Year Four: September 1, 2028 – August 31, 2029 Contract Line Items (CLINs) – Use attached Excel Spreadsheet (Attachment 2) to submit pricing. *Quantities are estimated and will be determined on each delivery order. See attached Excel Spreadsheet. If you are unable to open an Excel spreadsheet, please contact Tammy Torres (tammy.torres@deca.mil) or Evelyn Settles (evelyn.settles@deca.mil) for a copy of the estimated quantities that is in a document compatible to your software. Installation Access Requirements: The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired. FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (SEPT 2023), applies to this acquisition. See addenda 52.212-1 for additional information. FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor 1 – Technical Capability Factor 2 –Past Performance Factor 3 – Price The Government will issue a firm fixed price contract to the responsible quoter whose quote will be the most advantageous to the Government based on the lowest price and receives an acceptable rating for technical capabilities and past performance. The following shall be used to evaluate quotes: The technically acceptable lowest priced quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that are contained in the attached Commercial Equipment Description (CED). Acceptable: Quoter clearly meets the technical requirements of the CED. Acceptable: The Government will use Contractor Performance Assessment Reporting System (CPARS) to evaluate past performance. If the contractor does not have a record in CPARS, it will not be considered an unacceptable past performance evaluation. If a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter shall be determined to have unknown past performance. Unacceptable: Quoter does not meet the technical requirements of the CED. Unacceptable: Offeror has more than two negative past performance ratings. Quoter shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (MAY 2024), with its quote. FAR 52.212-4, Contract Terms and Conditions-Commercial Items (NOV 2023), is applicable to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. 52.203-6 Alt I Restrictions on Subcontractor Sales to The Government (JUN 2020) -- Alternate I (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab (DEC 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (FEB 2024) 52.219-14 (DEV) Limitations on Subcontracting (Deviation 2020-0008) (OCT 2022) 52.219-28 Post-Award Small Business Program Representation (FEB 2024) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2024) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-1 Buy American-Supplies (OCT 2022) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) 52.232-36 Payment by Third Party (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) The selected Quoter must comply with the additional contract terms and conditions, which are incorporated herein by reference: PROVISIONS/CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 Transactions 52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011 Fiber Content Paper 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-20 Predecessor of Offeror AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and NOV 2021 Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services—Representation OCT 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016 52.211-17 Delivery of Excess Quantities SEP 1989 52.219-28 Post-Award Small Business Program Representation FEB 2024 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— DEC 2016 Representation 52.225-18 Place of Manufacture AUG 2018 52.223-20 Aerosols JUN 2016 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.237-1 Site Visit APR 1984 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.244-2 Subcontracts JUN 2020 52.245-9 Use and Charges APR 2012 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the MAY 2019 Government of a Country that is a State Sponsor of Terrorism 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN 2023 252.216-7009 Allowability of Legal Costs Incurred in Connection with a DEC 2022 Whistleblower Proceeding 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7000 Buy American—Balance of Payments Program Certificate--Basic FEB 2024 252.225-7001 Buy American Act and Balance of Payments Program MAR 2022 252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022 252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products and Commercial Services NOV 2023 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-6002 Reutilization of Government property APR 2024 252.247-7022 Representation of Extent of Transportation By Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea JAN 2023 PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT 52.216-18 Ordering (AUG 2020) a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _ September 1, 2024 through August 31, 2029. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered "issued" when— (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either— (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. 52.216-19 Ordering Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of 25; (2) Any order for a combination of items in excess of 375; or (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-22 Indefinite Quantity (OCT 1995) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 31, 2029. 52.217-9 Option to Extend the Term of the Contract (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. 52.233-2 Service of Protest (SEP 2006) (a) Defense Commissary Agency (DeCA) ATTN: Evelyn Settles (CCQS) 1300 Eisenhower Avenue Fort Gregg-Adams, Virginia 23801-1800 (b) The copy of any protest shall be received in the office designated above within one day of filling a protest with the GAO. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) https://www.acquistion.gov/far https://www.acquistion.gov/dfars 52.252-2 Solicitation Clauses Incorporated by Reference (FEB 1998) https://www.acquistion.gov/far https://www.acquistion.gov/dfars 52.252-6 Authorized Deviations in Clauses (NOV 2020) (b) Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023) Invoice and Receiving Report (Combo) WAWF point of contact. The Contractor may obtain clarification regarding invoicing in WAWF. Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0866 Issue By DoDAAC HQC004 Admin DoDAAC** HQC004 Inspect By DoDAAC SEE SCHEDULE Ship To Code SEE SCHEDULE Ship From Code SEE SCHEDULE Mark For Code SEE SCHEDULE Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A The complete text of any the provisions and clauses may be accessed electronically at www.acquisition.gov/FAR. IMPORTANT INFORMATION FREEDOM OF INFORMATION ACT (FOIA) SOLICITATION AND CONTRACTS FOIA AND POSTING NOTICE Any award(s) resulting from issuance of this solicitation or quote may be posted in the DeCA Freedom of Information Act (FOIA) electronic reading room at www.commissaries.com. The posting will contain the total contract award amount, as well as any awarded individual contract line-item pricing (CLIN and Sub-CLIN). Unexercised option prices will not be published. In compliance with the provisions of Executive Order 12600, the contract holder may identify to the agency FOIA Officer (foia@deca.mil), within 21 calendar days of the contract award date, any information contained in the contract that it deems to be confidential commercial information. The FOIA officer will review the submission and contact the contract holder with a decision. Failure to identify any such information will be interpreted by the Agency as the contract holder having no such information to identify or withhold from posting in the FOIA electronic reading room. The postings typically take place at a minimum of two distinct points; upon the initial award of the contract and then again after the final option period has been exercised. However, should a FOIA request for the contract be received in the interim, the contract may be reposted including any awarded contract pricing up to the date of the FOIA request. Unexercised option prices will not be published. This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA). In accordance with (IAW) FAR 12.603(c)(2)(xiv) requirement, the Defense Priorities and Allocations System (DPAS) is not applicable to this solicitation. The completed solicitation package with quotes must be returned no later than 4:00 p.m. Eastern Standard Time on August 30, 2024. Vendors shall submit quotes via email to Tammy Torres, Contract Specialist and Evelyn Settles, Contracting Officer via email to tammy.torres@deca.mil and evelyn.settles@deca.mil. No fax, hand delivered, or mail-in quotes will be accepted. Quotes MUST be good for at least 90 calendar days after close. Please ensure all information requested is included. Information will be posted to Contract Opportunities: https://sam.gov/content/opportunities. All future information about this acquisition, including amendments, and cancellations will also be distributed through this site. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation. Questions pertaining to this solicitation be directed to Tammy Torres and Evelyn Settles via email to tammy.torres@deca.mil and evelyn.settles@deca.mil. Question(s) must be received by 10:00 AM EST on August 19, 2024. Attachments: Commissary Equipment Description (CED) 1D05 Table, Preparation, Sandwich Equipment Listing/Excel Pricing Spreadsheet