Attachment A.pdf

SOLICITAION NO. SPE2D1-24-R-0002 Page 1 of 52

Table of Contents

Page Continuation of Blocks from the Standard Form 1449 2 Block 8, Offer Due Date/Local Time 2 Block 9, Submission 2 Block 17a, Contractor/Offeror 2 Schedule of Supplies/Services 3-5

Notices

Caution Notices 3 Contract Clauses

52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF 1449, Block 27a)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items

Addendum Containing Supplementary Clauses in Full Text and by Reference 12 52.211-16 Variation in Quantity 12 52.252-2 Clauses Incorporated by Reference 13 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 13 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.225-7002 Qualifying Country Sources as Subcontractors 13 52.232-17 Interest 13 52.242-13 Bankruptcy 13 52.242-15 Stop Work Order 13

Contract Documents, Exhibits or Attachments Statement of Work & Solicitation Attachments 14

Solicitation Provisions 52.212-1 Instructions to Offerors—Commercial Items 19 Addendum to 52.212-1 23 52.212-2 Evaluation—Commercial Items 23 52.212-3 Offeror Representations and Certifications—Commercial Items, Alternate I 24 Addendum Containing Supplementary Provisions in Full Text and by Reference 44 52.216-1 Type of Contract 44 5452.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 44 52.252-1 Solicitation Provisions Incorporated by Reference 45 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 45 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or

Transactions Relating to Iran - Representation and Certification

Additional Clauses as Applicable/ Procurement Notes 45

SOLICITAION NO. SPE2D1-24-R-0002 Page 2 of 52

Continuation of Blocks from SF 1449

NOTE: Vendor, Contractor, and Offeror are used in this document, and they are interchangeable.

NOTE: Airworthy and Aeromedically Certified are used in this document and they are interchangeable.

1. Block 8 Offer Due Date/Local Time: The initial solicitation closing date shall be August 28, 2024; 3:00 pm, Local Philadelphia Time.

2. Block 9

a. Contractors are required to submit proposals in response to the solicitation in the DLA Internet Bid Board System (DIBBS). Contractors can request detailed instructions on DIBBS submission by email the DLA Troop Support Points of Contact (POCs) listed on page 18 of this solicitation.

b. In addition, email or DoD Safe transmissions may be authorized in writing by the Contracting Officer for discussions and any proposal revisions. If discussions take place or a request for proposal revision is issued, the method and date/time for receipt of vendor submissions will be provided by the Contracting Officer.

i. DoD SAFE is a web-based tool that provides the capability to securely send and receive large files, including files that are too large to be transmitted via email.

ii. For DoDSafe access, please contact the solicitation official(s).

“Facsimile” offers are not authorized and shall not be considered for award.

3. Block 17a

See pages 14-18 of the Statement of Work for the Aeromedically Certified Suction Apparatuses for which offers are being sought.

See the Special instructions for the Submission of Proposal Information section located on pages 19-23 for complete list of required documentation.

The Guaranteed Minimum will be the total Inventory Cost plus the Management Cost for the base year.

The Maximum Dollar Value is estimated at $49,215,600, this is based on the Contract Maximum from the previous contract adjusted with market trends.

Each RFP response will receive a confirmation email. Please include a point of contact, phone number, email address, and website information.

Vendor questions regarding this RFP are due no later than 3:00pm (Philadelphia local time) on August 5, 2024.

Vendor responses to this RFP must be received by this office no later than 3:00pm (Philadelphia local time) on August 28, 2024.

SOLICITAION NO. SPE2D1-24-R-0002 Page 3 of 52

Caution Notice

Offerors are cautioned to read this solicitation carefully. Offer/proposal preparation instructions are included throughout this document.

PROPOSAL EVALUATION. The Government will determine the technical acceptability of an offeror’s ability to meet the Minimum Technical Requirements, prior to considering their business proposal. (See FAR 52.212-1, Instructions to Offerors). Once an offeror has been determined to be technically acceptable, the Government will make an award to the low offeror whose price is determined fair and reasonable. Evaluation factors for award and selection procedures are contained in Clause 52.212-2 Evaluation – Commercial Items.

In order to be considered eligible for award and participate in the CEC program as addressed in this solicitation, offerors must offer a Suction Apparatus which is compliant with the specification beginning on page 18 and provide documented proof of both Army and Air Force aeromedical certification at time of RFP closing.

SUBCONTRACTING PLAN. Offerors that are a large business concern and whose offer exceeds $750,000.00 must submit a Subcontracting Plan or a previously approved and current Subcontracting Plan, with its offer.

OWNERSHIP OF RESPONSE TO RFP: All informational material submitted in response to this RFP becomes property of DLA.

RELEASE OF CLAIMS, LIABILITY, AND PREPARATION EXPENSES:

Under no circumstances shall DLA be responsible for any response preparation expenses, submission costs, or other expenses, costs, damages or loss of whatever nature incurred as a result of the respondent’s participation in this RFP process. Respondent understands and agrees that they submit a response at their own risk and expense, and release DLA from any claim for damages or other liability arising out of the RFP process.

DOMESTIC NON-AVALIABILITY DETERMINATION (DNAD)

The Domestic Non-Availability Determination (DNAD) will be used in the evaluation of Berry Amendment compliance regarding items procured as a result of this solicitation.

SCHEDULE OF SUPPLIES/SERVICES

This acquisition is intended to buy ACCESS to sustainment material (Airworthy Suction Apparatuses) to support Department of Defense forces during contingency operations as well as humanitarian relief efforts resulting from natural disasters in accordance with the requirements in the Statement of Work.

Your cost to provide ACCESS to the time phased quantities listed below is requested for the contract term of a base year plus four additional, one-year options (see Line Item Numbers 0001AA, 0001AB;

0002AA, 0002AB… 0005AA, 0005AB below). Pricing for the actual production units is also requested below (see Line Items 0001AC, 0001AD…0005AC, 0005AD. These units MAY be purchased in support of contingency operations.

SOLICITAION NO. SPE2D1-24-R-0002 Page 4 of 52

DELIVERY SCHEDULE

The Government requests proposals for Time Phased Delivery Requirements broken out over 60 days.

The requirement is for a total of 2,500 units. Half of the proposed units must include a case and half must be without a case.

SHIPMENT DAY AFTER

RECEIPT OF ORDER TOTAL QTY 2,500 UNITS

DAY

QTY WITH

CASE (Army)

QUANTITY

WITHOUT CASE (AF)

0-15 313 313

16-30 312 312 31-45 313 313 46-60 312 312

TOTAL 1,250 1,250

INVENTORY AND MANAGEMENT COSTS

Inventory and Management Costs are requested for each year (see below under “PROPOSED AMOUNT”). Inventory Costs are a one-time fee paid during the base period of the contract. Management costs are annual fees paid each year of the contract. Please indicate any costs incurred associated with maintaining the facilities, production equipment and trained personnel necessary to ensure delivery capacity.

Offerors shall indicate (by checking the appropriate box below) which of the following Inventory Categories (reference the Statement of Work) their offer is based upon:

Contractor Inventory Material (CIM) ___ Contractor Furnished Material (CFM) ___ Government Purchased Material (GPM) ___

ACCESSORIES

Inventory and Management costs should include all accessories needed to make suction apparatuses fully operational. Any accessories not included in proposed pricing should be attached. Additionally, if quoting more than one model of suction apparatus, please indicate to which model each accessory belongs.

Requirement Quantity: 2,500 Units

Contract Line Item

SCHEDULE OF SUPPLIES/SERVICES Proposed Amount

BASE YEAR

0001 ACCESS TO INVENTORY AIRWORTHY SUCTION APPARATUSES 1,250 w/ case 1,250 w/o case 0001AA Inventory Cost (for total amount of 2,500 suction apparatuses) $ 0001AB Management Cost (for total amount of 2,500 suction apparatuses) $ 0001AC Replenishment Purchase of suction apparatus with case (unit price) $ 0001AD Replenishment Purchase of suction apparatus without case (unit price) $

SOLICITAION NO. SPE2D1-24-R-0002 Page 5 of 52

OPTION YEAR I

0002 ACCESS TO INVENTORY AIRWORTHY SUCTION APPARATUSES 1,250 w/ case 1,250 w/o case 0002AA Inventory Cost (for total amount of 2,500 suction apparatuses) - 0002AB Management Cost (for total amount of 2,500 suction apparatuses) $ 0002AC Replenishment Purchase of suction apparatus with case (unit price) $ 0002AD Replenishment Purchase of suction apparatus without case (unit price) $

OPTION YEAR II

0003 ACCESS TO INVENTORY AIRWORTHY SUCTION APPARATUSES 1,250 w/ case 1,250 w/o case 0003AA Inventory Cost (for total amount of 2,500 suction apparatuses) - 0003AB Management Cost (for total amount of 2,500 suction apparatuses) $ 0003AC Replenishment Purchase of suction apparatus with case (unit price) $ 0003AD Replenishment Purchase of suction apparatus without case (unit price) $

OPTION YEAR III

0004 ACCESS TO INVENTORY AIRWORTHY SUCTION APPARATUSES 1,250 w/ case 1,250 w/o case 0004AA Inventory Cost (for total amount of 2,500 suction apparatuses) - 0004AB Management Cost (for total amount of 2,500 suction apparatuses) $ 0004AC Replenishment Purchase of suction apparatus with case (unit price) $ 0004AD Replenishment Purchase of suction apparatus without case (unit price) $

OPTION YEAR IV

0005 ACCESS TO INVENTORY AIRWORTHY SUCTION APPARATUSES 1,250 w/ case 1,250 w/o case 0005AA Inventory Cost (for total amount of 2,500 suction apparatuses) - 0005AB Management Cost (for total amount of 2,500 suction apparatuses) $ 0005AC Replenishment Purchase of suction apparatus with case (unit price) $ 0005AD Replenishment Purchase of suction apparatus without case (unit price) $

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

SOLICITAION NO. SPE2D1-24-R-0002 Page 6 of 52

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020)

2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)

(41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community – See FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved].

SOLICITAION NO. SPE2D1-24-R-0002 Page 7 of 52

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C.);

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-238).

___ (10) 52.204-28, Federal Acquisition Supply Chain Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-agency contracts (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Act Orders – Prohibition (DEC 2023) (Pub. L. 115-390, title II).

___(ii) Alternate I (DEC 2023) of 52.204-30 ___ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

___ (14) [Reserved].

___ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT

2022) (15 U.S.C. 657a).

___ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (17) [Reserved] ___ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15

U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219-6 ___ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)

(15 U.S.C. 644).

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 ___ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

637 (d)(2) and (3)).

___ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 (JUN 2020) of 52.219-9 ___ (v) Alternate IV (Class Deviation 2019-O0005 Revision 1) (JAN 2019) of

52.219-9 ___ (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (23) 52.219-14, Limitations on Subcontracting, Class Deviation 2021-O0008

(FEB 2023) (15 U.S.C. 637(a)(14)).

___ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i))002E

SOLICITAION NO. SPE2D1-24-R-0002 Page 8 of 52

___ (25) 52.219-27, Notice of Set-Aside for, or Sole Source Award to, Service- Disabled Veteran-Owned Small Business (SDVOSB) Concerns Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

___ (26)(i) 52.219-28, Post Award Small Business Program Representation (FEB 2024)

(15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28 ___ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)).

___ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (OCT 2022) (15 U.S.C. 637(m)).

___(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

____(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

___ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

___ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

___ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

___ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

___ (ii) Alternate I (FEB 1999) of 52.222-26.

___ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (36)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020)

(29 U.S.C. 793).

___ (ii) Alternate I (JULY 2014) of 52.222-36.

___ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.

4212).

___ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

___ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22.U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

___ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive

Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

___ (41) (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.)

___ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

SOLICITAION NO. SPE2D1-24-R-0002 Page 9 of 52

___ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671).

___ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).

___ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).

___ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

___ (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 (OCT 2022) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (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 [Reserved] ___ (iii) Alternate II (DEC 2022) of 52.225-3.

___ (iv) Alternate III (NOV 2023) of 52.225-3.

___ (v) Alternate IV (OCT 2022) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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).

___ (56) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021) ___ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (59) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(OCT 2018) (31 U.S.C. 3332).

___ (60) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

___ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

SOLICITAION NO. SPE2D1-24-R-0002 Page 10 of 52

___ (iii) Alternate II (NOV 2021) 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 products and commercial services:

[ Contracting Officer check as appropriate. ]

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 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).

___ (6) 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).

___ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2022) (E.O.

13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).

(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

SOLICITAION NO. SPE2D1-24-R-0002 Page 11 of 52 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 products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712)

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreement 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.2014-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub, L 115-232)

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-238).

(vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include -6 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

SOLICITAION NO. SPE2D1-24-R-0002 Page 12 of 52

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C.

chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(xvii) 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.)

(xviii) 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)

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SOLICITAION NO. SPE2D1-24-R-0002 Page 13 of 52

Addendum

The following additional clauses are set forth in full text:

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph

(b) of this clause.

(b) The permissible variation shall be limited to:

__0___ percent increase __0__ percent decrease This increase or decrease shall apply to _____all products___________.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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/these address(es):

• FAR: https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48ta b_02.tpl

• DFARS: https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

• DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting (JAN 2023) DFARS

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) DFARS

252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022)

DFARS

52.232-17 Interest (MAY 2014) FAR

52.242-13 Bankruptcy (JUL 1995) FAR

52.242-15 Stop Work Order (AUG 1989) FAR https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

SOLICITAION NO. SPE2D1-24-R-0002 Page 14 of 52

Statement of Work

GENERAL INFORMATION:

Concept of Operations. A Corporate Exigency Contract (CEC) is an acquisition strategy by which the government enters into a contractual arrangement with a vendor(s) to buy access to sustainment material to support Department of Defense forces during contingency operations in accordance with the latest Defense Plan guidance. The contract envisioned is a firm fixed price contract with a 1-year base period and 4 one-year option periods. The maximum possible duration of the contract is 5 years. The contractor will be required to respond to the Services’ demands which will take the form of time phased delivery requirements. The services will consolidate their requirements and phase them to support their operational plans and deployment scenarios. The contractor will be responsible for maintaining the capability to meet the Services’ requirements. Delivery requirements must comply with the specifications listed elsewhere in this contract.

The Department of the Defense is willing to pay inventory costs and management costs for the vendor to build and hold raw material and/or partial manufactured subassemblies in inventory necessary to meet the delivery terms of the contract. Although not preferred, the Department of Defense is willing to purchase some raw material or subassemblies in advance to be held by the contractor as Department of Defense furnished material, if DOD determines such a purchase is necessary to ensure delivery capability. To minimize the cost of the program, the contractor will be required to ensure the freshness and technical applicability of the inventory, regardless of ownership, by rotating the inventory through their normal commercial or DOD sales base.

The Department of Defense may be willing to negotiate any additional costs incurred by the contractor associated with maintaining the facilities, production equipment, and trained personnel necessary to ensure delivery capability.

REQUIREMENTS:

Deliverables: The contractor shall provide all medical equipment listed in the Schedule of Supplies and Services (the Schedule) within the solicitation in accordance with the time-phased requirements also listed on the schedule. The schedule lists the Services’ requirements to support their operational plans.

The contractor’s responsibilities shall include: Maintaining the capability to meet the delivery requirements. Delivery of orders in accordance with the requirements listed in the solicitation.

Consolidating and marking equipment prior to shipment as specified in the specification section.

Inventory Management: Contractor is responsible for maintaining the inventory levels of raw materials and/or subassemblies necessary to meet a production schedule that will support deliveries as specified on the Schedule. Department of Defense owned material may be co-mingled with the contractor’s commercial stock to facilitate the rotation of items. Department of Defense owned material will be stored, handled, and accounted for in accordance with the contractor’s current standard commercial practice.

Once per year, the contractor will be required to perform a physical inventory of all Department of Defense owned material at the contractor’s facility. A copy of the inventory will be provided to the Contracting Officer along with corrective actions taken to resolve any discrepancies noted. Department of Defense owned material need not be stocked at any one facility. However, regardless of where the material is stocked, the contractor will be required to meet required delivery schedules. Contractor will be responsible for providing an on-site inventory system and the necessary interactive hardware and software

SOLICITAION NO. SPE2D1-24-R-0002 Page 15 of 52 which will provide visibility, both local and remote, of the current inventory levels of all material being held by the contractor, regardless of ownership, to support required delivery schedules. This system will show, at a minimum, current inventory levels, due-ins, ownership indicator, shipping information, and applicable shelf-life data.

The following inventory categories may be utilized as follows under this acquisition:

Contract Inventory Material (CIM) The contractor guarantees access to the required material without any additional purchase of inventory.

The contractor has enough inventory on-hand to provide the required coverage within its normal business operation. The contractor may be paid a quarterly management cost for overseeing the CIM. Contractor storage costs are not paid on quantities identified under this inventory category.

Contract Furnished Material (CFM) The contractor increases inventory levels by producing and holding additional raw and partially finished goods material. The contractor is paid both a quarterly management cost fee for overseeing the CFM inventory and an inventory cost for acquiring the increased CFM inventory.

Government Purchased Material (GPM) The contractor requires that the Government purchases the material. The Government will purchase all GPM directly from the contractor within a mutually agreeable number of days after award. The contractor maintains stores and rotates this material (as Government-owned material) to ensure its freshness. The contractor is paid the total price of the material plus a monthly inventory management fee for managing the GPM. Contractor storage fee is paid on the quantity identified under this inventory category. GPM is the least desired category.

PRICING:

Contractor Furnished Material: this portion of the contract will provide for the reimbursement to the contractor for building increased levels of inventory for both raw material and partially manufactured subassemblies in excess of normal business levels. This cost will be expressed in terms of whole dollars to support the total value of the level of inventory.

Government Furnished material: This portion of the contract will provide for the purchase of government owned material to be managed by the contractor. For raw material or subassemblies involving no manufacturing effort by the contractor, the contractor will be paid for the cost of the material plus a negotiated handling cost which will be on a percentage basis. For subassemblies of material that require contractor manufacturing effort, the contractor will be paid a negotiated procurement price based upon the cost of the raw material plus the value added during the manufacturing process. The procurement price will include any one time handling costs.

Inventory Management This will be the cost to reimburse the contractor for management of the program (CIM, CFM and GFM) as well as to manage the build, buy, store and rotate inventory process. This fee also guarantees the availability of both inventory and production capacity. This fee will be expressed as a percentage of the total value of the inventory being held to support the delivery schedule.

SOLICITAION NO. SPE2D1-24-R-0002 Page 16 of 52

- Customer Product Price: The customer product price for the fully assembled equipment will consist of a negotiated procurement price which will remain effective throughout the term of the contract.

If Government Furnished Material is provided under terms of this contract, then the customer product price will be decreased accordingly.

- The contractor will ensure sufficient repair parts are available for sale to the DOD for equipment provided under this contract. There will be no restriction on the sale of repair parts to the DOD for equipment supplied under the terms of this contract.

- The offeror must submit a list of items offered, quantities of each item offered, and the acquisition cost of each item offered. The total acquisition cost of all items listed at the maximum quantities offered equals the total inventory value.

- The Government shall pay the contractor an inventory management fee and an inventory holding fee to compensate the contractor for the cost of managing the inventory. This cost will be determined by applying the contractor’s inventory management percentage fee plus the inventory holding percentage to the total inventory value, which is the negotiated access level for coverage. The total inventory value will be updated for each contract year. The update will be accomplished by applying current item acquisition costs to the Government access level.

- The contractor fees paid by the Government will decrease for orders that the contractor only partially fills.

Replenishment Purchase Price: The customer product price for the fully assembled equipment will consist of a negotiated procurement price which will remain effective throughout the term of the contract.

The contractor will be responsible for replacing all inventory used in the assembly process of procured aeromedically certified suction apparatuses. The Contractor will have 60 days after the receipt of an order to replenish their inventory and be able to comply with the entire delivery schedule. Note: If Government Furnished Material is provided under terms of this contract, then the customer product price will be decreased accordingly.

Inventory Cost: The Government shall reimburse the contractor for costs associated with increased inventory necessary to meet the time phased delivery schedule as outlined in the Schedule of Supplies and Services. The prime purpose for this reimbursement is to compensate the contractor for the cost of money required to support an increased level of inventory.

Ordering: Delivery Orders will be issued for shipments to the customers as the need materializes. The Government will place delivery orders with the contract awardee(s) representing the best value to the Government for that specific ordering requirement. Delivery orders will be issued using ordering procedures in accordance with FAR 16.505.

Delivery Requirements:

The date that the delivery order is issued to provide fully assembled equipment will be considered the starting point at Day 0. Deliveries will be made in accordance with the time phased delivery schedule provided in the Schedule of Supplies and Services. Deliveries are FOB CONUS destination.

Transportation and In-Transit Visibility are contained in another section; however, the equipment must arrive at the CONUS destination within the applicable delivery increment in which the product is being provided for. The contractor will ensure sufficient repair parts are available for sale to the DOD for equipment provided under this contract. There will be no restriction on the sale of repair parts to the DOD for equipment supplied under the terms of this contract. The contractor will ensure all parts are included in their price book (Attachment B-Mediprice Template). Each item of equipment provided and shipped to

SOLICITAION NO. SPE2D1-24-R-0002 Page 17 of 52 the Government under this contract will include hard copies of the operator’s literature. Maintenance literature will be supplied by the contractor to the DOD; Operator and manufacturer’s literature will be available in both hard copy and in electronic format. The DOD will have unrestricted copyright release for operator and service literature supplied under the terms of this contract. This will include the DOD’s authority to place this literature on password restricted web sites for access by DOD operators and maintainers. The Department of Defense reserves the right to order any fully assembled equipment quantity up to the maximum amount prescribed in the time phased requirement listed in the schedule at the same negotiated price outlined above. If directed by DOD, the contractor has 60 days after receipt of an order to replenish inventory as a result of any partial order. The contractor will only accept orders processed through the Contracting Officer at DLA Troop Support.

Performance Review: Sixty (60) days after award, the contractor is required to submit a logistics plan which details the method and processes to be utilized to meet the required time phased delivery schedule.

The plan will include, but is not limited to, detailed and itemized suggested inventory levels, sub-assembly production plans, or formal agreements with supplies. Unless specifically authorized by the Contracting Officer, the plan should demonstrate full compliance with the delivery schedule equal to or less than 150 days after contract award.

Once per year, the contractor may be required to demonstrate the capability of producing fully assembled equipment in the amounts contained in the time phased delivery requirement listed in the schedule either through a physical presence during production runs, a physical review of production records, or through simulation. The review type will be up to the discretion of the Contracting Officer. Service representatives may be invited to attend this review.

Air Worthiness Certification: The contractor will not make any changes to the configuration of the equipment that will impact its air worthiness certification without prior notification to the Contracting Officer. The contractor is responsible to obtain and maintain air worthiness certification on all equipment listed in the contract after initial certification.

Obsolescence: The contractors will ensure that all inventory, both DOD and Contactor owned, designated for use under this contract will be rotated to ensure both freshness and appropriate technological applicability. The contractor will ensure that as equipment is modified to ensure its freshness or for technology updates for either DOD or commercial sale, with due consideration of its direct impact on air worthiness certification that the inventory being held under this contract is of the latest configuration to support production of the latest air certification model.

Exit Strategy: At the onset of an Equipment Corporate Exigency Contract, the government invests, in the form of inventory costs as listed in the Schedule of Supplies/Services, a substantial amount of money to put raw material, sub-assemblies and assemblies in inventory to assist the vendor in meeting the time phased delivery schedule outlined in the contract. In consideration of this investment, an innovation (Exit Strategy) has been included in previous Equipment Corporate Exigency Contracts as a method for the government to receive a portion of this investment back at the end of the contract. The exit strategy calls for the vendor to provide to the government, at no cost, fully assembled equipment at the end of the contract period. Vendors determine the number of units based on a formula which represents the estimated value of unused inventory. The exit strategy is compared to other independently developed strategies received under the same RFP (independently developed). The Exit Strategy is also compared to exit strategies accepted under previous contracts for the same or similar equipment. A comparison is also made against the percentage of Inventory cost these units will offset. DLA Troop Support distributes this

SOLICITAION NO. SPE2D1-24-R-0002 Page 18 of 52 equipment to the Services, at no cost, after consultation with the Services' Medical Logistics Commands.

The distribution of equipment is carried out in an equitable fashion commensurate with the number of orders placed by each branch of the services.

MEDICAL PROCUREMENT ITEM DESCRIPTION (MPID)

1.0 Scope.

1.1 The United States Government requires aeromedically certified suction apparatuses capable of performing to the Functional Requirements stated within this MPID and SOW in order to meet the wide variety of clinical and environmental conditions typical of fixed base and Enroute Patient Care.

2.0 Certification Requirements.

2.1 The suction apparatus shall be FDA 510(k) compliant.

2.2 The aeromedically certified suction apparatus shall have a Joint Airworthiness Certification (JAC) consisting of a safe-to-fly (STF) letter from the U.S. Air Force (for Fixed and Rotary Wing), Fleet Airworthiness Release (AWR) and an Aeromedical Certification Letter (AWC) from the U.S.

Army.

Proof of all Joint Airworthy Certification (JAC) documentation shall be required to be submitted with the vendor’s offer at time of RFP closing. If the vendor has accomplished certification by an approved certified commercial testing lab than the test results will have to be submitted to the USAF for further review, testing and possible certification to meet the JAC requirement.

Army:

United States Army Aeromedical Research Lab USAARL Building 3901 Fort Rucker, AL 36362

Air Force:

Air Force Research Laboratory Wright Patterson AFB, OH 45433

THE FOLLOWING DOCUMENTS ARE TO BE PROVIDED AS SUPPORTING

ATTACHMENTS TO THIS RFP:

Attachment A: RFP SPE2D1-24-R-0001 Continuation Pages (PDF) Attachment B: MediPrice Template (Excel) Attachment C: Compliance Spreadsheet (Excel)

SUBMISSION POINTS OF CONTACT:

All Submissions, questions, and inquiries regarding this RFP should be directed to the following POC’s:

Acquisition questions:

Anthony Giunta Contracting Officer

Technical questions only:

Tuyen To Biomedical Engineer

SOLICITAION NO. SPE2D1-24-R-0002 Page 19 of 52

Phone: (215) 737-2126 Email: anthony.giunta@dla.mil

Phone: (215) 737-7890 Email: tuyen.to@dla.mil

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a…