Combined Synopsis and Solicitation SP3300-25-Q-5021.pdf
PDF 777 KB Posted
- Attached to
- Thermal Containers for DLA Enterprise Federal contract opportunity
- Solicitation number
- SP330025Q5021
- Issued by
- Defense Logistics Agency Distribution
About this file
This is a Combined Synopsis/Solicitation (CSS) for thermal insulated containers issued by DLA Distribution Acquisition Operations. The solicitation seeks commercial off-the-shelf (COTS) insulated thermal shipping containers in four sizes (Small, Medium, Large, and Extra Large) to support the Cold Chain Packaging Program for multiple CONUS locations. The contract will be a Fixed Price with Economic Price Adjustment (FP w/EPA) Indefinite Delivery Indefinite Quantity (IDIQ) contract with Firm Fixed Price (FFP) delivery orders.
Key details include a solicitation number SP3300-25-Q-5021, with quotations due by October 6, 2025 at 1 PM Eastern Time. The contract will have a five-year ordering period from February 1, 2026 to January 31, 2031, with the government intending to award a single contract. The containers must meet Commercial Item Description A-A-0059195G requirements and be from a Qualified Products Database or List. Delivery is required within 30 days after receipt of order, with containers to be delivered to locations in Zones 1 and 2 covering most U.S. states. The guaranteed minimum contract value is $10,000, with a maximum not to exceed 15% over the lowest technically acceptable proposal.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amendment 0003 for CSS SP3300-25-Q-5021.pdf | ||
| Attachment 01 - Schedule of Supplies Insul Boxes Version 3.pdf | ||
| Amendment 0002 for CSS SP3300-25-Q-5021.pdf | ||
| Attachment 01 - Schedule of Supplies Insul Boxes Version 2.pdf | ||
| Attachment 01 - Schedule of Supplies Insul Boxes Version 2 (Math).xlsx | XLSX spreadsheet | |
| Amendment 0001 for CSS SP3300-25-Q-5021.pdf | ||
| RFQ attachment 3 - CID.pdf | ||
| RFQ attachment 5 - Subcontracting Plan.pdf | ||
| RFQ attachment 1 - SOS.pdf | ||
| Attachment 01 - Schedule of Supplies Insul Boxes (Math).xlsx | XLSX spreadsheet | |
| RFQ attachment 4 - Testing Procedures.pdf | ||
| RFQ attachment 2 - Delivery Addresses.pdf |
Show all 12
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Text version
SP3300-25-Q-5021
Thermal Insulated Containers
NOTICE TO VENDORS
1. Issuing Office:
DLA Distribution Acquisition Operations (J7) 5430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008
2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, in conjunction with FAR Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Combined Synopsis / Solicitation (CSS) and the CSS number is
SP330025Q5021.
3. This notice incorporates provisions and clauses in effect under:
REGULATION IDENTIFICATION EFFECTIVE DATE
Federal Acquisition Regulations 2025-05 07 August 2025
Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice
(DPN)
20250117 17 January 2025
Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through
PROCLTR
2025-15 04 April 2025
The complete text of any of the clauses and provisions are available electronically from the following sites:
FAR- https://ecfr.federalregister.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/Acquisition/Policy‐and‐Directives/
4. This Combined Synopsis / Solicitation (CSS) is being issued to establish a Fixed Price with Economic Price Adjustment (FP w/EPA) Indefinite Delivery Indefinite Quantity (IDIQ) Contract, with Firm Fixed Price (FFP) delivery orders, for the following item: Commercial off the shelf (COTS) insulated thermal shipping containers, sizes S, M, L & XL, to support the Cold Chain Packaging Program for multiple location CONUS – wide See the Schedule of Supplies (Attachment 01 - Schedule of Supplies and Attachment 02 –Zones and Delivery Addresses) for further details. The insulated shippers must meet the requirements of the Commercial Item Description A-A- 0059195G dated October 22, 2015 (Attachment 3- CID A-A-0059195G) and in accordance with Attachment 04 - Testing Procedures and must submit a product from the Qualified Products Database or Qualified Products List (QPD/QPL). Award will not be delayed for testing purposes. Shipper sizes are summarized below:
SIZE DIMENSIONS (Length x Width x Height (inches))
Outer Container (OD) (+/- 0.375")
Inside Cavity (ID, Below Plug) (+/- 0.188") Inside Cargo Box Insert
(OD) (+/- 0.125")
Small 15.75" x 12.75" x 14.25" 11.0" x 8.0" x 7.0" 10.75" x 6.50" x 4.0"
Medium 18.75" x 12.75" x 17.25" 14.0" x 8.0" x 10.0" 12.0" x 6.5" x 6.5" Large 23.25" x 19.25" x 19.25" 18.5" x 14.50" x 12" 16.50" x 12.0" x 7.0"
Extra Large 23.25" x 23" x 24" 18.5" x 18.25" x 16.75" 18.0" x 14.5" x 12.0" https://ecfr.federalregister.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy%E2%80%90and%E2%80%90Directives/
This effort will be awarded as an Indefinite Delivery Indefinite Quantity (IDIQ) contract and includes estimated quantities only. The quantities identified in the schedule of supplies and services are estimated and represent the Government’s best estimate for each line item. Payment will be for actual quantities procured and delivered at the prices outlined in each Delivery Order. If the Government’s requirements do not result in the quantities estimated;
such event shall not constitute the basis for an equitable price adjustment under the contract. The Government intends to award one contract as a result of this CSS and will be issued on a Standard Form (SF) 1449. This acquisition is NOT a Defense Priorities and Allocations System (DPAS) rated procurement
5. ELECTRONIC SOLICITATION: This CSS, including all attachments, and any amendments, is only available electronically at the website www.sam.gov. Quoters are cautioned it is their responsibility to access the website for any amendments that may be issued under the CSS. There will be no advance notification of amendment issuance.
Quoters are advised to frequently check the website for any amendments since an amendment may be issued up until the quote submission due date and time. Failure to acknowledge amendments may render your quote non-responsive and ineligible for award.
6. CSS is being solicited as Unrestricted Full and Open Competition. The North American Industry Classification System (NAICS) code for this project is 326140 and the size standard is 1,000 employees. The Product or Service Code (PSC) for this acquisition is 8145. If a Prime Vendor is a large business, submit Attachment 5 – Subcontracting Plan or If a large business prime contractor anticipates no subcontracting opportunities, they shall submit detailed rationale.
7. DELIVERY ORDERS: This contract is only for use by DLA Distribution. All delivery orders will be issued via email by any DLA Distribution contracting officer or ordering officer. Delivery orders will be issued on a FFP basis.
See Attachment 02 –Delivery Addresses and Zones.
8. ORDERING PERIOD: The ordering period for this contract will be the date of the contract award through five (5) year ordering periods.
Ordering Period 1 (CLIN 0001 and 0004): February 1, 2026 to January 31, 2027 Ordering Period 2 (CLIN 0005 and 0008): February 1, 2027 to January 31, 2028 Ordering Period 3 (CLIN 0009 and 0012): February 1, 2028 to January 31, 2029 Ordering Period 4 (CLIN 0013 and 0016): February 1, 2029 to January 31, 2030 Ordering Period 5 (CLIN 0017 and 0020): February 1, 2030 to January 31, 2031
9. DELIVERY INFORMATION: See Attachment 02: Delivery Addresses and Zones.
FOB point shall be Destination. The Government desires delivery of the item(s) identified on the purchase order within 21 calendar days after receipt of the delivery order.
The Government desires delivery of all Items within 21 calendar days after receipt of a delivery order. The Government requires delivery of all thermal containers 30 calendar days after receipt of a delivery order.
The primary contract specialist for delivery orders for this contract is DLA Distribution Acquisition Operations J7
(AB)
430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070 Attn: Michael Minto Phone: 717-329-2208 E-mail: Michael.Minto@dla.mil
Upon shipment of the supplies on the written delivery order, the contractor shall contact the contract specialist or ordering officer who issued the written delivery order.
Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.
The following link contains information regarding packaging and marking requirements for government shipments, including a full text copy of MIL-STD-129P:
http://www.landandmaritime.dla.mil/offices/packaging/
Unit of Issue: BD = Bundle
Unit of Issue: SH = Sheet
Delivery/Shipment: The Government requires delivery of the item(s) identified on the delivery order.
This solicitation requires vendors to submit pricing for each CLIN and all years. Delivery Orders will be shipped to destinations in Continental United States. The destination address will be provided in the individual Delivery Orders placed against this contract. F.O.B. Destination prices shall include delivery to all destinations, including delivery to the continental United States (CONUS) Consolidation and Containerization Points (CCP) if the ultimate destination is OCONUS or overseas. Destinations are not restricted to CONUS Defense Logistics Agency (DLA) Distribution sites. Vendors may not propose alternate delivery addresses.
DLA issues this document using the DoD authorized unit of issue. Please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocumen ts%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWS
ELINK
Zones: Delivery Orders will be shipped to destinations in Zones 1 and 2. The destination address will be provided in the individual Delivery Orders placed against this contract. F.O.B. Destination prices included delivery to all destinations within Zones 1 and 2, including delivery to the continental United States (CONUS) Consolidation and Containerization Points (CCP) within the respective zones if the ultimate destination is OCONUS or overseas. Destinations within the zones include, but are not restricted to CONUS Defense Logistics Agency (DLA) Distribution sites. The zones are defined as follows (see Attachment 2- Zones for details):
Zone 1: Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, D. C., West Virginia, Wisconsin.
Zone 2: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming.
10. ESTIMATED QUANTITIES: The quantities shown in the Schedule of Supplies are estimated only. They represent the Government’s best-known estimate for each line item. Payment will only be for the actual quantities provided to the Government at the price specified. If the Government requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.
11. SINGLE AWARD: The Government intends to award a single contract as a result of this solicitation. The Government will evaluate the total price for all CLINS over the base and four option periods for the lowest priced, technically acceptable offeror.
http://www.landandmaritime.dla.mil/offices/packaging/ https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK
12. SAMPLE TESTING PROCEDURES. To evaluate Technical Acceptability, samples of the completed thermal containers for each size shall be tested by the contractor. The samples shall be submitted, together with the contractor’s inspection and test reports, to the Government for examination and testing to determine compliance with the requirements of the specification Attachment 03 - CID A-A-0059195G dated 22 October 2015 and Attachment 4- Testing Procedures. Award will not be delayed for testing purposes.
SAMPLES: Ensure to email tracking of Sample Products to Michael.Minto@dla.mil Mail Samples to:
SV3100
Attn: Richard. E. Miller Jr.
DLA Distribution Susquehanna PA Bldg. 89 Ave U, Door 6 New Cumberland, Pa 17070
13. GUARANTEED MINIMUM VALUE: The guaranteed minimum value is $10,000.00 to be met within the first contract year of a 5-year contract. Maximum value of the contract is not to exceed 15% over the total overall lowest technically acceptable proposal.
14. ECONOMIC PRICE ADJUSTMENT(EPA):
For the purposes of the Economic Price Adjustment (EPA) the “Ordering Period” is to be defined as the whole life of the Contract and not the individual years. The 10 % total adjustment will be for the life of the Contract (if applied) and not each individual year.
See DLA Procurement Note: C13 EPA Economic Price Adjustment – Standard Supplies (AUG 2017).
Pricing adjustments in accordance with this clause will be based on a Vendor Supplied Industry Standard Publication or Newsletter showing the market price of this product; such as but not limited to: Monthly Petrochemical and Plastics Analysis (MPA) Report (Published by Chemical Data at www.chemicaldata.com). The product covered by the report is Polyethylene. See EPA clause for additional information.
15. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation; Materials Inspection and Receiving Report (DD250), Completed and Executed Block 32 on the SF1449, 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 or ORIGINAL DOCUMENT NUMBER
• DELIVERY ORDER NUMBER (as applicable)
• CLIN /MATERIAL NUMBER
• SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED
• PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE
16. PACKING AND MARKING REQUIREMENTS: All shipping containers shall be packaged best commercial practice in accordance with ASTM D3951-10 and marked in accordance with MIL-STD-129R. All shipments shall contain proper shipping documentation. Contractor shall attach a water-resistant envelope containing all mandatory commercial shipping documentation to the exterior of the shipment. Special Marking Requirements. Each shipping container shall have special markings as required by the applicable ASTM guideline(s).
17. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, during performance and through final payment mailto:Michael.Minto@dla.mil of any contract resulting from this solicitation. Vendors may obtain information on registration and annual confirmation requirements via the SAM website at http://www.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.
18. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.
19. QUESTIONS: Questions regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, via email to Michael Minto Michael.Minto@dla.mil, Subject: SP330025Q5021 CSS Question. Question(s) must be received by 3:00 PM EDT on September 22, 2025. Answers to questions will be posted to the SAM.GOV website via an amendment to the solicitation.
20. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.
21. 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. All documents must include at a minimum, contract number and purchase request (PR) number for the item, material identifier number, quantity, and unit of issue. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.
22. REQUIREMENTS FOR PALLETS: All material shall be packaged best commercial practice in accordance with ASTM 3951 and marked in accordance with MIL-STD-129P. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and purchase request (PR) number for the item, material identifier number, quantity, and unit of issue.
All material must be delivered in accordance with the best commercial practices to insure safe delivery to destination.
Each pallet load of material shall be marked with a label/placard identifying the stock number, contract and delivery order number, and the Unit of Issue (UI) quantities per pallet, if a pallet is required. Vendors shall mark and identify the Original Document Number (ODN) on all freight and packing slips. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.
23. ORGANIZATIONAL CONFLICT OF INTEREST: The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.
If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.
http://www.sam.gov/
24. INDEPENDENT PRICING:
See FAR 52.212-1 Pricing and Administrative 3(g)
25. VARIATION IN QUANTITY (VIQ): VIQ is authorized for this requirement (10% + or -).
26. PACKING AND MARKING REQUIREMENTS: All material shall be packaged best commercial practice in accordance with ASTM 3951 and marked in accordance with MIL-STD-129P. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and purchase request (PR) number for the item, material identifier number, quantity, and unit of issue.
All material must be delivered in accordance with the best commercial practices to insure safe delivery to destination.
Each pallet load of material shall be marked with a label/placard identifying the stock number, contract and delivery order number, and the Unit of Issue (UI) quantities per pallet. Vendors shall mark and identify the Original Document Number (ODN) on all freight and packing slips. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.
Schedule of Supplies Vendors shall quote Fixed Unit Prices for all line items shown on the Attachment 01- Schedule of Supplies (i.e., CLINs 0001 through 0020). All unit prices shall be quoted as FOB DESTINATION pricing in accordance with the delivery addresses provided in Attachment 02 –Delivery Addresses and Zones. No pricing past second decimal point.
CONTRACT CLAUSES
ADDENDA TO 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services
(NOV 2023)
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
FAR 52.202-1 Definitions (Jun 2020) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)
FAR 52,211-16 VARIATION IN QUANTITY (APR, 1984)
(b) The permissible variation shall be limited to:
10 Percent increase 10 Percent increase This increase or decrease shall apply to ALL .
FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-1 Disputes (May 2014)
FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.243-1 Changes – Fixed Price (Aug 1987) FAR 52.246-2 Inspection of Supplies – Fixed Price (Aug 1996) FAR 52.246-16 Responsibility for Supplies (Apr 1984) FAR 52.247-34 F.o.b. Destination (Nov 1991) FAR 52.253-1 Computer Generated Forms (Jan 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third Party Contractor Reported Cyber
Incident Information (Jan 2023) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Deviation
2024-00013) (May 2024) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (Jan 2023) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunication Equipment or
Services (Jan 2023) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 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 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) DFARS 252.223-7009 Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting
Agent for Use on Military Installations (Mar 2024) DFARS 252.225-7001 Buy American Balance of Payments Programs (Feb 2024) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (Mar 2022)
DFARS 252.225-7012 Preference for Certain Domestic Commodities (Apr 2022) DFARS 252.225-7021 Trade Agreements (Feb 2024) DFARS 252.225-7036 Buy American – Free Trade Agreements – Balance of Payments Program (Feb 2024) DFARS 252.225-7048 Export Controlled Items (Jul 2013) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native
Hawaiian Small Business Concerns (Jan 2023) DFARS 225.227-7037 Validation of Restrictive Markings on Technical Data (Jan 2025) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2022) DFARS 252.244-7000 Subcontracts for Commercial Items (Nov 2023) DFARS 252.247-7023 Transportation of Supplies by Sea (Oct 2024)
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders -- Commercial Products and Commercial Services (Jan 2025)
(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)).
https://www.acquisition.gov/far/part-52#FAR_52_203_19
(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 889(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 and 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:
52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-
282) ( 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).
52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115– 390, title II).
52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115– 390, title II).
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jan 2025) ( 31 U.S.C. 6101 note).
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
52.219-8 Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).
52.219-9 Small Business Subcontracting Plan (Jan 2025)
52.219-9 Alt II Alternate II (Nov 2016)
52.219-16 Liquidated Damages—Subcontracting Plan (Sep 2021)
52.219-28 Post Award Small Business Program Rerepresentation (Jan 2025) ( 15 U.S.C. 632(a)(2)).
52.222-3 Convict Labor (June 2003) (E.O. 11755).
52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O.13126).
(i) 52.222-35 Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390
52.222-37 Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
52.222-40 Notification of Employee Rights under the National Labor Relations Act (Dec
2010) (E.O. 13496).
(i) 52.222-50 Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
52.223-23 Sustainable Products and Services (Mar 2025) DEVIATION 2025-0004) 52.252.-1 Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).
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).
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C.
3332).
(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).
(End of Clause)
THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:
FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)
(a) Definitions. As used in this clause Covered Contractor Information System means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute verify
(iii) and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements - This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of Clause)
FAR 52.211-9 Desired and Required Delivery (JUN 1997)
(a) The Government desires delivery to be made according to the following schedule:
DESIRED DELIVERY SCHEDULE – All items within 21 days.
If the vendor is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its quote, propose a delivery schedule below. However, the vendor’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:
REQUIRED DELIVERY SCHEDULE – All items within 30 days.
Vendors that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the vendor proposes no other delivery schedule, the desired delivery schedule above will apply.
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of quoted mailed or otherwise furnished to the successful vendor results in a binding contract. The Government will mail or otherwise furnish to the vendor an award or notice of award not later than the day the award is dated. Therefore, the vendor shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an quote that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the quoted delivery date is later than the required delivery date, the quote will be considered nonresponsive and rejected.
(End of clause)
FAR 52.216-18 Ordering (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued frrom 01 February, 2026 through 31 January, 2031
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S.
mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
FAR 52.216-19 Order Limitations (OCT 1995)
(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor –
(1) Any order for a single item in excess of $100,000.00;
(2) Any order for a combination of items in excess of $130,000.00; or
(3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) of this section.
(c) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _September 8, 2028__
FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) This notice incorporates provisions and clauses in effect under:
REGULATION IDENTIFICATION EFFECTIVE DATE
Federal Acquisition Regulations 2025-05 07 August 2025
Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice
(DPN)
20240117 17 January 2025
Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through
PROCLTR
2025-15 04 April 2025
The complete text of any of the clauses and provisions are available electronically from the following sites:
FAR- https://ecfr.federalregister.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/Acquisition/Policy‐and‐Directives/
FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter
2) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of Clause)
DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
“Concatenated unique item identifier” means—
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or https://ecfr.federalregister.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy%E2%80%90and%E2%80%90Directives/
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .
“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.
“Government’s unit acquisition cost” means—
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.
“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.
“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used.
The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number Item Description
(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number Item Description (If items are identified in the Schedule, insert “See Schedule” in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall—
(A) Determine whether to—
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S.
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