Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment 2 To answer additional questions for this solicitation. See attached. Amendment 1 To answer question for this solicitation. See below: Question: Is there a current incumbent, if so what is t... Amendment 2 To answer additional questions for this solicitation. See attached. Amendment 1 To answer question for this solicitation. See below: Question: Is there a current incumbent, if so what is the award number? What are the required hours of operation? Answer: No previous award. Hours of operation determined by store. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. It is the Government's intent to award this requirement using FAR Subpart 13.5 procedures. This announcement constitutes the only solicitation; quotes are being requested and no other written solicitation will be issued. Quotes shall reference HQC00423Q0003. This Request for Quote (RFQ) document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02, effective March 16, 2023. The associated NAICS code is 333415 with a small business size standard of 1,250 employees. The Government intends to award one Firm Fixed Price (FFP) requirements contract for one base year and 4 option years. The options may be exercised at the discretion of the Government. This acquisition is set aside for 100% small business. This requirement is to provide Sushi Preparation Tables at Defense Commissary Agency (DeCA) stores located in contiguous United States (CONUS), Hawaii & Alaska, and outside the continental United States (OCONUS), which includes the Far East & Puerto Rico. Period of Performance (POP) Base Year: August 1, 2023 (or date of Award) - July 31, 2024 Option Year One: August 1, 2024 - July 31, 2025 Option Year Two: August 1, 2025 - July 31, 2026 Option Year Three: August 1, 2026 - July 31, 2027 Option Year Four: August 1, 2027 - July 31, 2028 Contract Line Items (CLINs) See Attachment A The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition. The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition. The following factors shall be used to evaluate offers: Technical capability – to meet the technical specifications Price Past performance Technical and past performance, when combined, are equally important to price. Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022), with its offer. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (Nov 2021), is applicable to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2023), applies to this acquisition. 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) 52.219-8, Utilization of Small Business Concerns (Oct 2022) 52.219-14, Limitations on Subcontracting (Oct 2022) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023) 52.222-3, Convict Labor (Jun 2003) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) 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) 52.225-13, 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) Additional Provisions, Contract Requirements, and Terms and Conditions PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE 52.203-3 52.203-6 ALT I Gratuities Restrictions on Subcontractor Sales to the Government, with Alternate I APR 1984 SEPT 2006 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper May 2011 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2021 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.201-7000 Contacting Officer’s Representative SEPT 2011 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEPT 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEPT 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7004 Level I Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by The Government of a Country that Is A State Sponsor of Terrorism MAY 2019 252.216-7009 Allowability of Legal Costs Incurred in Connection with a Whistleblower Proceeding SEP 2013 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American 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 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019 CLAUSES INCORPORATED BY FULL TEXT Offeror shall include a completed copy of the provision at 52.204-20, Predecessor of Offeror (AUG 2020), with its offer. Offeror shall include a completed copy of the provision at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021), with its offer. Offeror shall include a completed copy of the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation (OCT 2020), with its offer. Offeror shall include a completed copy of the provision at 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016), with its offer. Offeror shall include a completed copy of the provision at 52.219-28, Post-Award Small Business Program Representation (Sep 2021), with its offer. Offeror shall include a completed copy of the provision at 252.225-7000, Buy American—Balance of Payments Program Certificate--Basic (NOV 2014), with its offer. 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price, Requirements contract resulting from this solicitation. 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 _August 1, 2023______ through _July 31, 2028_. (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 Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _one item______ , 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 __50_items_____; (2) Any order for a combination of items in excess of _100 items_____ ; 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 ___7__ 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. 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) 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 90 days after contract expiration 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) 30 days; 60 days (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) 60 months 52.233-2 Service of Protest (SEP 2006) Director, Acquisition Management Defense Commissary Agency ATTEN: CCQ 1300 E Avenue Fort Gregg-Adams, Virginia 23801-1800 52.246-17 Warranty of Supplies of a Noncomplex Nature (JUN 2003) Warranty period shall be for (1) year from date of delivery/installation against defective material and workmanship and shall include parts, service and labor 45 days 52.251-1 Solicitation Provisions Incorporated by Reference (FEB 1998) https://www.acquistion.gov/ http://www.acq.osd.mil/dpdp/dars/dfarspgi/current/index.html 52.252-2 Clauses Incorporated by Reference (FEB 1998) https://www.acquistion.gov/ http://www.acq.osd.mil/dpdp/dars/dfarspgi/current/index.html 52.252-5 Authorized Deviations in Provisions (NOV 2020) Defense Federal Acquisition Regulation (48 CFR Chapter 2) 52.252-6 Authorized Deviations in Clauses (NOV 2020) Defense Federal Acquisition Regulation (48 CFR Chapter 2) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018) 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 N/A Ship To Code N/A Ship From Code N/A Mark For Code N/A 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 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. 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). Quote submission All quotes shall be submitted no later than 10:00 a.m. Eastern Standard Time (EST) on June 19, 2023. Vendors shall submit quotes via email to Starletta Redden, Contract Specialist and Evelyn Settles, Contracting Officer via email to Starletta.Redden@deca.mil and Evelyn.Settles@deca.mil. No fax, hand delivered, or mail-in quotes will be accepted. Quotes MUST be good for 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 shall be submitted by 12pm EST May 31, 2023 to Starletta Redden and Evelyn Settles via to Starletta.Redden@deca.mil and Evelyn.Settles@deca.mil. See Attachment B Technical specifications