Inactive Total Small Business Set-Aside (FAR 19.5)

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 announce... 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; proposals are being requested and a written solicitation will not be issued. The solicitation number assigned to this action is W912L5-22-Q-0001. This acquisition is utilizing procedures in FAR Part 13, Simplified Acquisition Procedures and is issued as a Request for Quote (RFQ) from the USPFO, New Castle, DE 19720. This solicitation is being set aside for small businesses only. The applicable North American Industry Classification System (NAICS) code is 722320 Caterers, with a size standard of 7.5 Million, PSC code S203 Food Services. The solicitation document and incorporated clauses and provisions are those in effect through Federal Acquisition Circular (FAC) 2021-06 and DPN 20210709. POC Sebastian Anderson, 302-326-7365. Award will be made based on overall best value to the government. The selected vendor shall provide all materials, labor, and technical expertise necessary to complete this award. An offer which requires the Government to execute a separate agreement with a third party shall be deemed technically unacceptable. The Government intends to place a Single, Firm-Fixed Price order without discussions. Therefore, Offerors should submit their best offer up. Do not assume you will be able to revise your offer. Solicitation is subject to FAR 52.232-18 Availability of Funds. See provisions in text for full text Items Required: Line Description Quan. Unit 01 Meals for 17 service individuals from 10/09/2021-11/05/2021 1 JB 02 Meals for 34 service individuals from 11/13/2021-12/10/2021 1 JB 03 Meals for 17 service individuals from 01/03/2022-02/13/2022 1 JB LINE ITEM SPECIFICS: See attached Performance Work Statement for CLIN information and meal specifications. Any quote not received by the required deadline will be dismissed and not considered for award. Vendor must submit quotes in writing before the deadline to Sebastian Anderson, at sebastian.r.anderson.civ@mail.mil or to SAM.gov. SUBMISSION GUIDELINES: Submitted quote must include the following: (1) the solicitation number; (2) the name, address and telephone number of the offeror; (3) the price and discount terms (quote FOB Destination); (4) Acknowledgement of any solicitation amendments; (5) vendors proposal should include details of services to be provided for each requirement identified with pricing. Proposal should be submitted under company letterhead, with DUNS number, Company Name, Address and POC included. If quoting an equivalent item, please email the description with specifications of the item you are quoting. The Contracting Officer will evaluate equal products on the basis of information furnished by the quote or identified in the quote and reasonably available to the Contracting Officer. Prior to award, the vendor must be currently registered in the System for Award Management (SAM) at https://www.sam.gov. The Government reserves the right to award on a multiple award or an all or none basis. If you need to obtain or renew a DUNS number or CAGE code, please visit https://www.sam.gov. Lack of current registration in the SAM database will make an offeror ineligible for award. The complete text of the Federal Acquisition Circulars, DFARS Change Notices, and Far DFARS clauses and provisions are available at the following internet site: https://www.acquisition.gov/dfars. The following provisions are included by reference for the purposes of this combined synopsis/solicitation: 52.204-16 Commercial and Government Entity Code Reporting; 52.204-22 Alternative Line Item Proposal; 52.211-6 Brand Name or Equal; 52.212-1 Instructions to Offerors -Commercial Items; 252.203-7005 Representation Relating to Compensation of Former DoD Officials; 252.204-7011 Alternative Line Item Structure; 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations; 252.225-7031 Secondary Arab Boycott of Israel; 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime; The following provisions are included by full text for the purposes of this combined synopsis/solicitation: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (d) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.212-2 Evaluation- Commercial Items Evaluation -- Commercial Items (Oct 2014) (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: Technical Capability of Items Price Past Performance Technical and past performance, when combined, are approximately equal to cost or 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 Provision) 52.212-3 Alt 1 Offerors Representations and Certifications- Commercial Items; Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (End Provision) 52.232-18 Availability of Funds. As prescribed in 32.706-1(a), insert the following clause: Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) 252.225-7000 Buy American--Balance of Payments Program Certificate; BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (NOV 2014) (a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program—Basic clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American and Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that— (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”: Line Item Number Country of Origin (If known) (End of provision) 252.225-7035 Buy American--Free Trade Agreements--Balance of Payments Program Certificate. Basic. As prescribed in 225.1101(9) and (9)(i), use the following provision: BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (NOV 2014) (a) Definitions. “Bahrainian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and (ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror shall identify all end products that are not domestic end products. (i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products: (Line Item Number) (Country of Origin) (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products: (Line Item Number) (Country of Origin) (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”: (Line Item Number) (Country of Origin (If known)) (End of provision) The following clauses are included for the purposes of this combined synopsis/solicitation and most current versions will be incorporated into any resulting order: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements; 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards; 52.204-18 Commercial and Government Entity Code Maintenance; 52.204-21 Basic Safeguarding of Covered Contractor Information Systems; 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations; 52.212-4 Contract Terms and Conditions Commercial Items; 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Dev,); 52.217-5 Evaluation of Options 52.219-6 Notice of Total Small Business Set-Aside; 52.219-28 Post-Award Small Business Program Representation; 52.222-3 Convict Labor; 52.222-19 Child Labor—Cooperation with Authorities and Remedies; 52.222-21 Prohibition of Segregated Facilities; 52.222-26 Equal Opportunity; 52.222-36 Equal Opportunity for Workers With Disabilities; 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-50 Combating Trafficking in Persons; 52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving; 52.225-13 Restrictions on Certain Foreign Purchases; 52.226-6 Promoting Excess Food Donation to Non-Profit Organizations 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration 52.232-40 Providing Accelerated Payments to Small Business Subcontractors; 52.233-3 Protest after Award; 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.233-4 Applicable Law for Breach of Contract Claim 52.252-2 Clauses Incorporated by Reference; 52.252-6 Authorized Deviations in Clauses; 252.203-7000 Requirements relating to Compensation of Former DoD Officials; 252.203-7002 Requirement to Inform Employees of Whistleblower Rights; 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting; 252.204-7015 Disclosure of Information to Litigation Support Contractors; 252.211-7003 Item Unique Identification and Valuation; 252.223-7008 Prohibition of Hexavalent Chromium; 252.225-7001 Buy American and Balance of Payments Program; 252.225-7048 Export-Controlled Items; 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports; 252.232-7006 Wide Area Workflow Payment Instructions; 252.232-7010 Levies on Contract Payments; 252.244-7000 Subcontracts for Commercial Items; 252.247-7023 Transportation of Supplies by Sea;