C-6 CSS SP3300-24-Q-0124.pdf

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DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

ACQUISITON OPERATIONS J7

5430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

MAY 31, 2024

Action Code: Combined Synopsis / Solicitation (CSS)

Issuing Office:

DLA Distribution Acquisition Operations J7

5430 Mifflin Avenue, Suite 3102A

New Cumberland, PA 17070-5008

Product Service Code (PSC): L030 (Mechanical Power Equipment)

Subject: Truck Scale, Combined Synopsis Solicitation

Solicitation: SP3300-24-Q-0124

Closing Response Date: June 6, 2024, 1730 EDT - Failure to submit your response by this date and time may result in non-consideration of your quote.

Point of Contact:

Mr. Samuel Tustin

Samuel.tustin@dla.mil

Contracting Officer:

Mr. Christopher Robinson christopher.robinson@dla.mil

Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for

Evaluation and Solicitation for Commercial Items in conjunction with FAR part 13 Simplified Acquisition

Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This notice incorporates the provisions and clauses in effect under:

REGULATION IDENTIFICATION ISSUE DATE UPDATE

Federal Acquisition Circular (FAC) 2024-05 22 April 2024 Federal Register

Defense Federal Acquisition

Regulation Supplement (DFARS)

Publication Notice (DPN)

20230425 25 April 2024 Publication Notices

Defense Logistics Acquisition

Directive (DLAD) Current to

Revision 5 through Procurement

Letter (PROCLTR)

2024-05 17 April 2024 DLAD http://www.federalregister.gov/ https://www.acq.osd.mil/dpap/dars/change_notices.html https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

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The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR - https://www.ecfr.gov/current/title-48/chapter-1

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

This CSS is being issued as a 100% small business set-aside under NAICS 541511with a size standard of

$34 Million. SP3300-24-Q-0124 is being issued to establish a firm-fixed-price contract. All material needs to match the specifications provided in the schedule of supplies. Any resulting award will be issued on a

Standard Form (SF) 1449.

This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

FOB: Destination

Inspection / Acceptance: Destination

Schedule of Supplies

CLIN Schedule of Supplies/Services Quantity U/I Unit

Price

Extended

Total Price

DAWS Troubleshooting/Diagnosis

Dimension and Weigh System (DAWS) in the EDC at DDSP; Troubleshoot and

Diagnose Mechanical Controls and

Equipment and Programs IAW

Statement of Work

JB

TOTAL

PRICE

Delivery:

SHIP TO FOR ALL CLINs:

SB3300

DEFENSE LOGISTICS AGENCY

BASE SUPPLY

O AVENUE BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

US

Proof of Delivery: Acceptable Proof of Delivery documents include: Shipping Documentation, Materials

Inspection and Receiving Report (DD250), Bill of Lading, Packing List, Tracking/Delivery Confirmation, or Invoice. To ensure prompt payment to your company, the Proof of Deliveries must include the following:

CONTRACT NUMBER

CLIN /MATERIAL NUMBER

SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

Mark Contract Number on all Correspondence: Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment.

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

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Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

System for Award Management: IAW FAR 4.1102(a), offerors are required to be registered in the System for Award Management (SAM) database at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. Refer to DFARS 204.1103 for helpful information on navigation and data entry in the SAM database. Registration may be done online at www.sam.gov.

The contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company

Name:

Company

Address:

Point of

Contact:

Telephone:

Email:

Cage code:

Unique Entity

ID (UEI)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2023)

The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.

FAR 52.212-4 Addenda

52.202-1 Definitions

52.203-3 Gratuities

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13 System for Award Management Maintenance

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25 Prohibition against Certain Telecommunications and Video Surveillance

Services or Equipment.

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.211-17 Delivery of Excess Quantities

52.222-25 Affirmative Action Compliance

52.223-6 Drug-Free Workplace

52.222-26 Equal Opportunity

52.232-1 Payments

52.232-8 Discounts for Prompt Payment

52.232-11 Extras

52.232-23 Assignment of Claims

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52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-1 Disputes

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.243-1 Changes Fixed Price

52.247-34 F.O.B. Destination

52.253-1 Computer Generated Forms

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services

252.204-7020 NIST SP 800-171 DoD Assessment Requirements

252.223-7008 Prohibition of Hexavalent Chromium

252.225-7002 Qualifying Country Sources as Subcontractors

252.225-7012 Preference for Certain Domestic Commodities

252.225-7036 Buy American – Free Trade Agreements-Balance of Payments Program

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.232-7017 Accelerating Payments to Small Business Subcontractors – Prohibition on

Fees and Consideration

252.243-7001 Pricing of Contract Modifications

252.244-7000 Subcontracts for Commercial Items

252.247-7023 Transportation of Supplies by Sea

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders --

Commercial Products and Commercial Services. (FEB 2024) FAR

The clause at FAR 52.212-5 and the following addenda are applicable to this acquisition.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109e 2) ( 31 U.S.C. 6101 note).

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of

Division R of Pub. L. 117-328).

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)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(SEP 2021) (15 U.S.C. 657a).

52.219-6 Total Small Business Set Aside

52.219-28 Post Award Small Business Program Representation (SEP 2021) (15 U.S.C.

632(a)(2)).

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

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52.222-3 Convict Labor (Jun 2003) (E.O.11755)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2022)

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

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

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

52.222-50 Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513)

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).

52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct

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

52.232-34 Payment by Electronic Funds Transfer – Other than System for Award

Management (Jul 2013) (31 U.S.C. 552a)

FAR 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.acquisition.gov/browsefar

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current

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

(End of Clause)

DLAD Procurement Note L06 Agency Protests (DEC 2016)

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

(End of Procurement Note)

DFARS 252.225-7013 Duty-Free Entry. (NOV 2023)

(a) Definitions. As used in this clause—

“Component,” means any item supplied to the Government as part of an end product or of another component.

“Customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico.

“Eligible product” means—

(1) “Designated country end product,” as defined in the Trade Agreements (either basic or alternate) clause of this contract;

(2) Free Trade Agreement country end product, other than a Bahraini end product, a Moroccan end product, a Panamanian end product, or a Peruvian end product, as defined in the Buy American—Free

Trade Agreements—Balance of Payments Program (either basic or alternate II) clause of this contract; or

(3) Free Trade Agreement country end product other than a Bahraini end product, Korean end product, Moroccan end product, Panamanian end product, or Peruvian end product, as defined in the Buy https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

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American—Free Trade Agreements—Balance of Payments Program (either alternate IV or alternate V) clause of this contract.

“Qualifying country” and “qualifying country end product” have the meanings given in the Trade

Agreements clause, the Buy American and Balance of Payments Program clause, or the Buy American—

Free Trade Agreements—Balance of Payments Program clause of this contract, basic or alternate.

(b) Except as provided in paragraph (i) of this clause, or unless supplies were imported into the customs territory of the United States before the date of this contract or the applicable subcontract, the price of this contract shall not include any amount for duty on—

(1) End items that are eligible products or qualifying country end products;

(2) Components (including, without limitation, raw materials and intermediate assemblies) produced or made in qualifying countries, that are to be incorporated in U.S.- made end products to be delivered under this contract; or

(3) Other supplies for which the Contractor estimates that duty will exceed $300 per shipment into the customs territory of the United States.

(c) The Contractor shall—

(1) Claim duty-free entry only for supplies that the Contractor intends to deliver to the Government under this contract, either as end items or components of end items; and

(2) Pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use, other than—

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer.

(d) Except as the Contractor may otherwise agree, the Government will execute duty-free entry certificates and will afford such assistance as appropriate to obtain the duty-free entry of supplies—

(1) For which no duty is included in the contract price in accordance with paragraph (b) of this clause; and

(2) For which shipping documents bear the notation specified in paragraph (e) of this clause.

(e) For foreign supplies for which the Government will issue duty-free entry certificates in accordance with this clause, shipping documents submitted to Customs shall—

(1) Consign the shipments to the appropriate—

(i) Military department in care of the Contractor, including the Contractor's delivery address; or

(ii) Military installation; and

(2) Include the following information:

(i) Prime contract number and, if applicable, delivery order number.

(ii) Number of the subcontract for foreign supplies, if applicable.

(iii) Identification of the carrier.

(iv)(A) For direct shipments to a U.S. military installation, the notation: “UNITED STATES

GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free Entry to be claimed pursuant to Section

XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the United

States. Upon arrival of shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19 CFR Part 142 and notify Commander, Defense Contract Management Agency (DCMA), St. Louis, MO, ATTN: Duty Free Entry Team, 1222 Spruce Street, Room 9.300, St. Louis, MO 63103-

2812, for execution of Customs Form 7501, 7501A, or 7506 and any required duty-free entry certificates.”

(B) If the shipment will be consigned to other than a military installation, e.g., a domestic contractor's plant, the shipping document notation shall be altered to include the name and address of the contractor, agent, or broker who will notify Commander, DCMA New York, for execution of the duty-free entry certificate. (If the shipment will be consigned to a contractor’s plant and no duty-free entry certificate is required due to a trade agreement, the Contractor shall claim duty-free entry under the applicable trade agreement and shall comply with the U.S. Customs Service requirements. No notification to Commander, DCMA New York, is required.)

(v) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross shipping weight).

(vi) Estimated value in U.S. dollars.

(vii) Activity address number of the contract administration office administering the prime contract, e.g., for DCMA Dayton, S3605A.

(f) Preparation of customs forms.

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(1)(i) Except for shipments consigned to a military installation, the Contractor shall—

(A) Prepare any customs forms required for the entry of foreign supplies into the customs territory of the

United States in connection with this contract; and

(B) Submit the completed customs forms to the District Director of Customs, with a copy to DCMA NY for execution of any required duty-free entry certificates.

(ii) Shipments consigned directly to a military installation will be released in accordance with sections

10.101 and 10.102 of the U.S. Customs regulations.

(2) For shipments containing both supplies that are to be accorded duty-free entry and supplies that are not, the Contractor shall identify on the customs forms those items that are eligible for duty-free entry.

(g) The Contractor shall—

(1) Prepare (if the Contractor is a foreign supplier), or shall instruct the foreign supplier to prepare, a sufficient number of copies of the bill of lading (or other shipping document) so that at least two of the copies accompanying the shipment will be available for use by the District Director of Customs at the port of entry;

(2) Consign the shipment as specified in paragraph (e) of this clause; and

(3) Mark on the exterior of all packages—

(i) “UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE”; and

(ii) The activity address number of the contract administration office administering the prime contract.

(h) The Contractor shall notify the Administrative Contracting Officer (ACO) in writing of any purchase of eligible products or qualifying country supplies to be accorded duty-free entry, that are to be imported into the customs territory of the United States for delivery to the Government or for incorporation in end items to be delivered to the Government. The Contractor shall furnish the notice to the ACO immediately upon award to the supplier and shall include in the notice—

(1) The Contractor’s name, address, and Commercial and Government Entity (CAGE) code;

(2) Prime contract number and, if applicable, delivery order number;

(3) Total dollar value of the prime contract or delivery order;

(4) Date of the last scheduled delivery under the prime contract or delivery order;

(5) Foreign supplier's name and address;

(6) Number of the subcontract for foreign supplies;

(7) Total dollar value of the subcontract for foreign supplies;

(8) Date of the last scheduled delivery under the subcontract for foreign supplies;

(9) List of items purchased;

(10) An agreement that the Contractor will pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use other than—

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer;

(11) Country of origin; and

(12) Scheduled delivery date(s).

(i) This clause does not apply to purchases of eligible products or qualifying country supplies in connection with this contract if—

(1) The supplies are identical in nature to supplies purchased by the Contractor or any subcontractor in connection with its commercial business; and

(2) It is not economical or feasible to account for such supplies so as to ensure that the amount of the supplies for which duty-free entry is claimed does not exceed the amount purchased in connection with this contract.

(j) The Contractor shall—

(1) Insert the substance of this clause, including this paragraph (j), in all subcontracts for—

(i) Qualifying country components; or

(ii) Nonqualifying country components for which the Contractor estimates that duty will exceed $200 per unit;

(2) Require subcontractors to include the number of this contract on all shipping documents submitted to

Customs for supplies for which duty-free entry is claimed pursuant to this clause; and

(3) Include in applicable subcontracts—

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(i) The name and address of the ACO for this contract;

(ii) The name, address, and activity address number of the contract administration office specified in this contract; and

(iii) The information required by paragraphs (h)(1), (2), and (3) of this clause.

(End of clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (JAN 2023)

(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):

(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. INVOICE

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003 https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003

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(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 financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR)

52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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 SL4701

Issue By DoDAAC SP3300

Admin DoDAAC SP3300

Inspect By DoDAAC Not Applicable

Ship To Code SB3300

Ship From Code Not Applicable

Mark For Code SB3300

Service Approver (DoDAAC) Not Applicable

Service Acceptor (DoDAAC) Not Applicable

Accept at Other DoDAAC Not Applicable

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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. Not Applicable

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Attachments:

Statement of Work

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR 52.203-18 Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation

FAR 52.204-7 System for Award Management

FAR 52.204-16 Commercial and Government Entity Code Reporting

FAR 52.204-22 Alternate Line-Item Proposal

FAR 52.204-26 Covered telecommunications Equipment or Services--Representation

FAR 52.209-2 Prohibition on contracting with inverted domestic corporations—representation

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law

FAR 52.212-3

(Alt 1)

Offeror Representations and Certifications—Commercial Items--Alternate I

FAR 52.219-1

(Alt 1)

Small Business Program Representations--Alternate I

FAR 52.222-22 Previous contracts and compliance reports

FAR 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications

DFARS 252.203-

Representation relating to compensation of former DOD officials

DFARS 252.204-

Control of Government Personnel Work Product

DFARS 252.204-

Compliance with Safeguarding Covered Defense Information Controls

DFARS 252.204-

Covered Defense Telecommunications Equipment or Services—Representation.

DFARS 252.204-

Prohibition on Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

DFARS 252.204-

Notice of NIST SP 800-171 DoD Assessment Requirements

DFARS 252.215-

Notice of Intent to Resolicit

DFARS 252.204-

Compliance with safeguarding covered defense information controls

DFARS 252.225-

Buy American – Free Trade Agreements-Balance of Payments Program

Certificate-Basic

DFARS 252.247-

Representation of Extent of Transportation by Sea

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

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(a) Definitions. As used in this provision--Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that-- 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of Provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

(DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act

Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award

Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR

52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are https://www.sam.gov/

CUI

effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a Firm Fixed-Priced purchase order as a result of this solicitation.

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office

(GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

DLA DISTRIBUTION

ACQUISTION OPERATIONS (J7)

ATTN: CHRISTOPHER ROBINSON

CONTRACTING OFFICER

5430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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/these address(es):

FAR - https://www.ecfr.gov/current/title-48/chapter-1

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

DLAD 5452.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR) (JUN

2020)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

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

2023)

The provision at 52.212-1 and the following addenda are applicable to this acquisition.

FAR 52.212-1 Addenda

(1) Paragraph (c) of 52.212-1 is tailored to read as follows: (c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

(2) Facsimile and hard copy quote submissions will not be accepted or evaluated.

(3) Quotes shall be prepared in the English language.

(4) Quotes must be submitted in whole cents ($1.04, not $1.039)

(5) Quotes must be submitted electronically via email at: samuel.tustin@dla.mil Subject: SP3300-24-

Q-0124 Quote – [Offeror’s Company Name]

(6) Quotes must have the following Controlled Unclassified Information (CUI) marking incorporated on the appropriate pages:

a. Header on all page:

i. “CUI”

b. 1st page, bottom right corner (above footer text):

i. Controlled by:

ii. Controlled by:

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ mailto:samuel.tustin@dla.mil

CUI

iii. CUI Category:

iv. Distribution/Dissemination Controls:

v. POC:

c. Footer (at very bottom) on all pages

i. “CUI”

(7) Quotes must include the following items:

a. Company Name, Address, Point of Contact, Telephone Number and Email Address

b. Contractor Commercial and Government Entity (CAGE) Code and Unique Entity ID

(UEI).

c. Solicitation Number

d. Signed acknowledgements of amendments (applicable only if amendments are issued against the solicitation).

e. A completed Schedule of Supplies.

(8) Quotes shall include all required documentation as listed above. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

Instructions contained herein are to serve as a guide in preparation of quotes; however, they are not intended to be all inclusive. The instructions generally describe the type and extent of information, which should be provided in the quote.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

Quotes will be evaluated in accordance with FAR 13.106-2. The Government may award one contract on an all-or-none basis to the responsible offeror who: 1) quote complies with the terms and conditions of this solicitation, complies with laws and regulations ; and 2) offers the total overall lowest price for all contract line items.

Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award. As part of this evaluation the Government reserves the right to review any sources or people the

Government determines reliable including those sources which relate to past performance.

Although the Government may award a contract as a result of this solicitation, the Government reserves the right to reject any and all quotes received and not award any item or items from this solicitation.

Technical Requirements

Note: This is a Lowest Price Technically Acceptable requirement. To be considered for award, offerors must:

Provide material(s) in accordance with the schedule of supplies and the Statement of Work.

Past Performance Requirements

The Government will evaluate the offeror’s Past Performance to determine acceptability of the quote in response to this solicitation. Past Performance will be evaluated on an acceptable/unacceptable basis and shall not be rated. The offeror will be evaluated on their past performance record and any other relevant information obtained from available sources which may include: Supplier Performance Risk System

(SPRS), the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov;or other databases.

In the case of a supplier without a record of relevant past performance history in SPRS for the PSC of the supplies being purchased, the supplier will not be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial

Services (NOV 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

END OF SOLICITATION