Inactive Total Small Business Set-Aside (FAR 19.5)

*********************************************************************************** PLEASE FOLLOW THE INSTRUCTIONS IN FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS FOUND BELOW *****... *********************************************************************************** PLEASE FOLLOW THE INSTRUCTIONS IN FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS FOUND BELOW *********************************************************************************** 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. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number assigned to this announcement is W50S8120Q0004. This solicitation is issued as 100% Total Small Business Set-Aside; the associated North American Industry Classification System (NAICS) code is 722320 and size standard is $8,000,000. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2019-06 effective 10 October 2019 and DFARS Publication Notice 20190531 effective 1 October 2019. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available. DESCRIPTION: The contractor shall furnish all personnel, food items, supervision, equipment, tools, materials, and transportation necessary to provide and serve prepared meals based upon the Performance Work Statement and the following schedule, at the 104th Fighter Wing, Westfield, Massachusetts. CONTRACT LINE ITEMS LINE ITEM 0001 450 MEALS Saturday, 11 January 2020 LINE ITEM 0002 450 MEALS Sunday, 12 January 2020 LINE ITEM 0003 450 MEALS Saturday, 7 March 2020 (OPTION) LINE ITEM 0004 450 MEALS Sunday, 8 March 2020 (OPTION) LINE ITEM 0005 1 EACH Reporting of (CMRA); PWS paragraph 4.8 //END LINE ITEMS// RESPONSE DATE: 24 December 2019 (2:00PM EST) PERIOD OF PERFORMANCE: As outlined in the PWS. LOCATION OF WORK: 104th Fighter Wing, Barnes Air National Guard Base, 175 Falcon Drive, Westfield, Massachusetts, 01085 ADDITIONAL INFORMATION: (1) In accordance with FAR 52.212-1(k), prospective awardees shall have an active Cage Code prior to award of a government contract. In accordance with FAR 52.212-3, prospective awardees shall have completed the Online Representations and Certifications. To register for a Cage Code and to complete Online Representations and Certifications, go to the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. (2) All vendors interested and capable of obtaining contract award must register with the Wide Area Work Flow (WAWF) located at https://wawf.eb.mil/. Vendors are required to create and submit invoices electronically through WAWF and receive payment via electronic funds transfer (EFT) for supplies or services rendered. To be eligible to receive an award resulting from this solicitation, contractors must be registered in the DoD System for Award Management (SAM) located at the following website: https://www.sam.gov/. QUOTES. Quotes must include all requirements of FAR 52.212-1, Instructions to Offerors - Commercial Items, found in this announce below, and must be submitted via email no later than (NLT) the date and time specified to usaf.ma.104-fw.list.fal-msc-contracting@mail.mil. It is the best interest of the offeror to ensure the quote submitted is received by the Contracting Office and is submitted no later than the response date and time specified. Any and all questions concerning this requirement must be submitted in writing to usaf.ma.104-fw.list.fal-msc-contracting@mail.mil. CLAUSES INCORPORATED BY REFERENCE FAR 52.204-7 System for Award management FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items - Alternate I FAR 52.212-4 Contract Terms and Conditions -- Commercial Items FAR 52.219-14 Limitations on Subcontracting FAR 52.219-6 Notice of Total Small Business Set-Aside FAR 52.219-14 Limitations on Subcontracting FAR 52.222-17 Nondisplacement of Qualified Workers FAR 52.225-4 Buy American-Free Trade Agreements - Israeli Trade Act Certificate, Alternate II FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-18 Availability of Funds FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 F.o.b. - Destination DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7000 Disclosure of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7006 Billing Instructions DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.211-7003 Item Unique Identification and Valuation DFARS 252.213-7000 Notice to Prospective Suppliers on the Use of Supplier Performance Risk System in Past Performance Evaluations DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea CLAUSES INCORPORATED BY FULL TEXT FAR 52.212-1 Instructions to Offerors - Commercial Items (Deviation 2018-O0013) Addendum to 52.212-1 Instructions to Offerors - Commercial Items (Deviation 2018-O0013) Addendum to FAR 52.212-1 (b) Submission of offers. Offeror shall submit an electronic copy of their dated quote via e-mail to: usaf.ma.104-fw.list.fal-msc-contracting@mail.mil with the solicitation number (W50S8120Q0001) in the subject block, by 6 December 2019, 2:00 PM EST. Facsimile offers will not be accepted. In addition to the items required by 52.212-1(b), the offeror shall complete and provide the following with their submission: (1) Price. Completed Price Schedule to include pricing for each Line Item. (2) Technical Approach. Provide a narrative, not to exceed three (3) pages explaining your ability to perform the work described in the PWS (Attachment 1) to include brand products used, capabilities to deliver food at required temperatures, any special capabilities, and relevant past performance information. Any narrative that merely promises to perform the PWS requirements or restates the requirements without sufficient specific information of the offeror’s capability or approach to perform the work shall be rejected as not responsive to the solicitation. The Offeror should describe its approach to providing prepared foods that meet the requirements of PWS section 1.2.2 – food serving temperatures. Food handling and transport should be discussed as part of the narrative. The Offeror may include references to its Quality Control Plan submitted with its proposal in its narrative." (3) Past Performance. Past Performance Information for at least three (3) contracts performed within the last five (5) years for services comparable to the government's requirement. Offerors are authorized to provide information on problems encountered on the referenced (identified) requirements to include corrective actions taken by the offeror as remedy. Offerors are cautioned that the Government will use data provided by each offeror in the evaluation of past performance. The past performance information must include; Company Name and Address, Company Point of Contact, including phone number and/or email address, Type of service performed, and Estimated Contract Value. (g) Contract Award The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (End of Provision) 52.212-2 Evaluation-Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Price (ii) Technical Approach (iii) Past Performance Technical and past performance, when combined, are significantly more important than price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (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. (End of clause) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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: X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109- 282) (31 U.S.C. 6101 note). 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). X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). X (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). 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 (Sep 2016) (E.O. 11246). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). X (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). (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 (Jan 2019) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiv) 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.) (xv) 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) (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, 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). (xxi) 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. (xxii) 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) 52.217-8 Option to Extend Services. The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract. (a) 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 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months. (End of clause) 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 address: https://www.acquisition.gov 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 address: https://www.acquisition.gov (End of Clause) 52.252-5 -- Authorized Deviations in Provisions (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Provision) 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): Invoice and Receiving Report (Combo) (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 F87100 Issue By DoDAAC W50S81 Admin DoDAAC W50S81 Inspect By DoDAAC F6C309 Service Approver (DoDAAC) F6C309 Service Acceptor (DoDAAC) F6C309 (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)