Commercial Solicitation N6893622R0034.docx

N6893622R0034

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

CONTRACT SPECIALIST:

Email address: vincent.jimenez7.civ@us.navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

CONTRACTING OFFICER:

Email address: tara.j.randolph.civ@us.navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Section B - Supplies or Services and Prices

Advanced Weapon Products Acquisition

FFP

The contractor shall provide various advanced weapons products on a Delivery Order (DO) basis in accordance with Section C Statement of Work herein and as specified in each Delivery Order. The contract ordering period is five years, also referred to herein as a five year period of performance.

FOB: Destination

PSC CD: 3419

MAX

NET AMT

Contract Data Requirements List (CDRL)

The contractor shall provide data in accordance with Exhibit A, Dd Form 1423, Contract Data Requirements List (CDRL). Not separately priced (price shall be included in the proposed amount on CLIN 0001).

MAX

Contractor Acquired Property

(To be used if the need for Government Furnished property arises) FOB: Origin (Shipping Point)

MAX

Section C - Descriptions and Specifications

SOW

Statement of Work Advanced Weapon Products Acquisition Contract (AWPAC) 27 April 2022

1.0 SCOPE

The Naval Air Warfare Center Weapons Division (NAWCWD), China Lake, CA has a requirement for support of advanced technology products for the Applied Manufacturing Technology Division (AMTD). NAWCWD intends to procure various types of products, manufactured from several different materials, in different forms, shapes, sizes, and complexity. Such products will be procured for rapid delivery, ranging from single item requests to full production quantities, in support of on-going immediate response requirements.

AMTD will provide the applicable data and specifications required for each requirement, through the issuance of individual Delivery Orders (DOs). Each DO will delineate all applicable design, material, and end-product requirements. The contractor shall provide supporting documentation and certification verifying compliance to applicable specification requirements, for each product delivered. It is the intent of the Government to award multiple contracts for the procurement of these products. Contract awardees will be allowed a fair opportunity to compete for orders valued at greater than $10,000 under this requirement. The products mentioned herein will be separately ordered and priced on each individual DO. The goal of this procurement is to provide for rapid delivery of manufactured and commercial-off-the-shelf products related to weapon program support to NAWCWD and its customers.

Specific technology commodities that will be included under this contract include: electronic components and systems, mechanical/fabrication components and systems, energetic materials and components, chemical materials and components.

2.0 APPLICABLE DOCUMENTS

Product/performance documents applicable for specific products will be delineated in each DO. These may include technical data packages, Computer Aided Design (CAD) models, drawings, manuals, and other descriptive materials. Applicable revisions shall be the version in effect at the time of DO issuance, unless otherwise specified in the DO.

2.1 Specifications and Standards:

ISO 9001:2008 Quality Management (or equivalent) E1A649 National Consensus Standard for Configuration Management

3.0 REQUIREMENTS

3.1 General

The contractor shall manufacture and/or deliver products in accordance with this Statement of Work (SOW) and the requirements set forth in each applicable DO. Products procured herein may vary from items requiring general manufacturing practices to a variety of state-of-the-art technologies, manufacturing sequences, and commercial-off-the-shelf items. This procurement may include: additive manufacturing, printed wiring/printed circuit boards, mold/die making, casting, machining (including: cutting, milling, turning and threading, drilling and tapping, reaming, grinding, honing, lapping, and broaching), welding and soldering, engraving/marking, grinding, non-destructive inspection (NDI), sub-assembly fabrication, finishing/coating/painting/plating processes, and final assembly. Explosive and/or propellants, their pre-cursers, and component parts are also included.

3.1.1 Using government-provided drawings, data files, and instructions, the contractor shall manufacture the products to the requirements delineated in each DO.

3.1.2 The drawings, data files, and instructions will be submitted via electronic mail to the awarded contractor of the given DO. Therefore, the contractor shall be capable of accepting the information in this format.

3.1.3 The contractor shall maintain capability and/or access to sub-contract capability, to meet NAWCWD manufacturing technology commodity needs.

3.1.4 In addition to product definition documentation, DOs may contain other government supplied data to assist in responding to specific DOs. Such data may include work instructions, numerical control programs, fixture and tooling designs, inspection methodology descriptions, prototype documentation, and process plans.

3.2 Machining Resources

3.2.1 Machining and Manufacturing

The contractor shall provide overflow machining resources for the manufacturing of assorted hardware. Processes shall include precision machining of hardware to tolerances within .001 inch. The contractor shall be required to efficiently produce hardware utilizing CNC mills and lathes, as well as manual/conventional machine tools. Some products will require large capacity mills that are capable of accommodating parts in excess of 100 inches, and turning centers accommodating parts 48-inch diameter and larger, as defined in individual DOs.

3.2.2 Assembly – Manufactured components may require assembly to meet individual DO requirements. These components may be government-furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements. (CDRL A001)

3.2.3 Finishing – Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements. (CDRL A001)

3.3 Additive Manufacturing

3.3.1 Additive Manufacturing – The contractor shall provide mechanical components constructed of various materials through application of additive manufacturing methods. Anticipated material requirements may include, but are not limited to, polymers and metal alloys. Additive Manufacturing methods utilized would include, but are not limited to, fused deposition modeling, laser sintering of powdered materials, direct write methods, and various 3D printing methods including emerging Additive Manufacturing technology.

3.3.2 Finishing – Some products will require thermal post-processing and/or machining operations to complete the product depending on the individual DO requirements.

3.4 Fabrication

3.4.1 Fabrication – The contractor shall provide overflow fabrication resources for the manufacturing of various hardware. Processes may include the fabrication of hardware to tolerances within .010 inches. The contractor will be required to efficiently produce hardware utilizing sheers, press brakes, punches and various other sheet metal forming tools to produce simple and complex aerospace hardware. Sub-components may be government furnished, produced, or acquired through Government-directed sources by the contractor depending on the individual DO requirements. (CDRL A001)

3.4.2 Assembly – Manufactured components may require assembly to meet individual DO requirements. These components may be government-furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements. (CDRL A001)

3.4.3 Finishing – Some products will require surface treatment, both for individual components and for the completed item as an assembly. Surface treated components may be government-furnished or acquired/produced by the contractor depending on the individual DO requirements. (CDRL A001)

3.5 Engineering Requirements – The contractor shall provide engineering support for build-to-print product deliveries as defined in individual DOs. The contractor shall develop, prepare, review, and deliver waivers, and deviations, with trade-off considerations and recommendations, with supporting rationale, for government consideration. Such documents shall be in accordance with E1A649 National Consensus Standard for Configuration Management or equivalent. (CDRLs A002, A003, A004)

3.5 Electronic Components and Systems

3.5.1 Electronic Components and Systems – The contractor shall provide electronic components and systems that consist of printed circuit boards (multi-layer, single and double-sided printed wiring boards) of varying size and complexity. Mixed component technologies (surface mount and through hole) may be employed as defined on individual DOs. Cables and other electronic connector systems are possible elements of the individual products specified on DOs. Sub-components may be government-furnished, produced, or acquired as commercial-off the-shelf-items by the Contractor depending on the individual DO requirements. (CDRL A001)

3.5.2 Assembly – Manufactured components may require assembly to meet individual DO requirements. These components may be government-furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements. (CDRL A001)

3.5.3 Finishing – Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government-furnished or acquired/produced by the Contractor depending on the individual DO requirements. (CDRL A001)

3.6 Mechanical/Fabrication Components and Systems

3.6.1 Mechanical Components and Systems – The contractor shall provide mechanical components and systems that consist of engineered structures of varying materials and configurations. These products will be fabricated by a variety of process methods, including but not limited to machining, welding, heat treatment, casting, forging, forming, injection molding, filament winding, resin transfer molding, and spin forming. Sub-components may be government-furnished or acquired/produced by the contractor depending on the individual DO requirements. (CDRL A001)

3.6.2 Assembly – Manufactured components may require assembly to meet individual DO requirements. These components may be government-furnished or acquired/produced by the contractor depending on the individual DO requirements. (CDRL A001)

3.6.3 Finishing – Some products will require surface treatment, both for individual components and the completed item as an assembly. Painting systems will include sprayed or powder coated epoxy materials. Deposition of metallic plating will include cadmium, chromium, nickel, gold, and copper. Plating processes will include conversion coating, chromic/sulfuric/hard anodizing, and passivate. Surface treated components may be government-furnished or acquired/produced by the contractor depending on the individual DO requirements. (CDRL A001)

3.7 Energetic Materials and Components

3.7.1 Energetic Materials and Components – The contractor shall provide energetic materials and components that contain explosive or propellant materials. Rocket motors, warheads, gas generators, fuses, and safe/arm devices are examples of such products. Energetic materials may require casting, extruding, pressing, or injection molding processes to form and integrate with mechanical sub-components. Sub-components may be government-furnished, produced, or acquired through Government directed sources by the contractor depending on the individual DO requirements. (CDRL A001)

3.7.2 Assembly – Manufactured components may require assembly to meet individual DO requirements. These components may be government-furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements. (CDRL A001)

3.7.3 Finishing – Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government-furnished or acquired/produced by the contractor depending on the individual DO requirements. (CDRL A001)

3.8 Chemical Materials and Components

3.8.1 Chemical Materials and Components – The contractor shall provide chemical products in accordance with defined physical and chemical properties. Thermal batteries, chemo luminescent items and fire-resistant coatings are examples of such products. Sub-components may be government-furnished, produced, or acquired as commercially available items by the contractor depending on the individual DO requirements. (CDRL A001)

3.8.2 Assembly – Manufactured components may require assembly to meet individual DO requirements. These components may be government-furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements. (CDRL A001)

3.8.3 Finishing – Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government-furnished or acquired/produced by the contractor depending on the individual DO requirements. (CDRL A001)

3.9 Engineering Requirements

The contractor shall provide engineering support for build-to-print product deliveries as defined in individual DOs. The contractor shall develop, prepare, review, and deliver waivers, and deviations, with trade-off considerations and recommendations, with supporting rationale, for government consideration. Such documents shall be in accordance with E1A649 National Consensus Standard for Configuration Management or equivalent. (CDRLs A002, A003, A004)

3.10 Quality Assurance Provisions

3.10.1 The contractor shall implement and maintain a Quality Control System that satisfies program objectives and meets the requirements of ISO 9001:2008 or equivalent model. All quality system procedures, planning, documentation, and data that comprise the quality system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may be used, if approved by the Government. A copy of the contractor's Quality Control System shall be submitted to the Government as part of the proposal per Section L, and as annual updates in accordance with CDRL A005.

3.10.2 The Government will perform inspections, verifications, and evaluations to assess the effectiveness of the quality program implementation to include sub-contracted operations and suppliers. The subject assessment will include documentation review and site visits. The government process will be in conformance with ISO 9001:2008 requirements.

3.10.3 The contractor shall implement a corrective action and disposition system, as part of the Quality Control System, for identifying and reporting to the Government nonconforming material/products, which do not meet individual DO requirements; segregating and controlling this material/product to prevent its unauthorized use or shipment; and identifying and correcting conditions, which caused the nonconformance. Acceptance of nonconforming material is the sole prerogative of the Government. (CDRL A006)

3.10.4 Product verification inspection and test methods will be provided in the Government Technical Data Packages to meet the requirements of individual DOs. The contractor shall prepare inspection and test records and reports that are complete, accurate, and include observations made and number and type of deficiencies. Inspection and test records shall be suitable for trend analysis and corrective action. All inspection and test records shall be maintained at the contractor’s facility for a period of 5 years from the final delivery date. The contractor shall submit inspection and test reports in accordance with CDRL A006.

3.11 First Article and Lot Acceptance Testing

First article and lot acceptance testing may be required as specified in individual DOs. First article and lot acceptance test reports shall be submitted in accordance with CDRLs A007 and A008.

3.12 Progress Reporting

Monthly Progress, Status, and Management Report – The contractor shall provide monthly Progress Reports when awarded a delivery order, outlining work accomplished, problems encountered, problems solved, trip report(s), items delivered, current schedules, estimated effort worked/remaining and price information. The report shall be submitted for each individual DO in accordance with CDRL A009.

4.0 DELIVERABLES

4.1 Government Furnished Property (A001)

4.2 Engineering Change Proposal (A002)

4.3 Notice of Revision (A003)

4.4 Request for Deviation (A004)

4.5 Quality System Plan (A005)

4.6 Test/Inspection Report (A006)

4.7 First Article Test Report (A007)

4.8 Lot Acceptance Test Report (A008)

4.9 Contractor’s Progress, Status and Management Report (A009)

5.0 OTHER

5.1 Security:

In the case of an unclassified contract that requires no access to Classified Military Information (CMI), but that does require access to Controlled Unclassified Information (CUI), NAWCWD Restricted Areas, and/or Government IT systems, contractors are required to comply with non-NISP processing requirements before local access to CUI, Restricted Areas, and IT can be granted. This process shall be coordinated by the Contracting Officer’s Representative (COR) or Technical Point of Contact (TPOC) through the NAWCWD Industrial Security office.

5.2 OPSEC:

Operations Security (OPSEC). The contractor shall comply with the OPSEC requirements outlined within the DD Form 254.

The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the Contractor and any subcontractor during performance of the contract. The Contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with National Security Decision Directive (NSDD) 298, and at a minimum shall include:

1) Assignment of responsibility for OPSEC direction and implementation.

2) Issuance of procedures and planning guidance for the use of OPSEC techniques to identify vulnerabilities and apply applicable countermeasures.

3) Establishment of OPSEC education and awareness training.

4) Provisions for management, annual review, and evaluation of OPSEC programs.

5) Flow down of OPSEC requirements to subcontractors when applicable.

5.3 Public Release:

Public Release. Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the Contractor must seek specific approval from the Contracting Officer in consultation with the Security Department.

5.4 Delivery of Products

The contractor shall be responsible for packaging and shipping of all products by best commercial practice, with delivery of all products to NAWCWD-CL:

AMTD as follows:

China Lake Address:

NAWCWD/AMTD

02629 McIntire St Bldg 2629 China Lake, CA 93555

Section D - Packaging and Marking

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

29-MAR-2028

RAULINDA BROWN

2629 MCINTIRE ST. BLDG 02629

CHINA LAKE CA 93555

(760) 939-0616

N68936

29-MAR-2028

N68936

29-MAR-2028

FOB: Origin (Shipping Point) N68936

*To be completed at contract award.

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

__________*to be completed in individual orders____________________________

(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.

__________*to be completed in individual orders____________________________

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

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[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*

*to be completed in individual orders (*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.

__________*to be completed in individual orders____________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

*to be completed at time of award

G-TXT-03 CONTRACTOR ACCESS TO NAVAL AIR WARFARE CENTER WEAPONS DIVISION CHINA LAKE (JUL 2014)

Contractors requiring access to the Naval Air Warfare Center Weapons Division China Lake are required to have credentials in Defense Biometric Identification System (DIBIDS) or obtain a day pass from the Pass and ID Office. The Government will not be responsible for work delays or work stoppages due to failure to comply with these access requirements. Questions should be directed to Tina Todd at (760) 939-3154.

Section H - Special Contract Requirements

ORDER PLACEMENT PROCEDURE

ORDER PLACEMENT PROCEDURES

INTRODUCTION

The Government intends to allow contract awardees (herein referred to as contractor) a fair opportunity to compete for orders that are estimated greater than the micro-purchase threshold. The micro-purchase threshold is $10,000 for supplies, $2,500 for services subject to Service Contract Labor Standards (SCLS), or $2,000 for construction subject to Davis Bacon. For purposes of this requirement, an order is defined as the total estimated value of an entire order, and not individual line items or single unit price.

ORDERING OFFICER WARRANT AUTHORITY

The Ordering Officer’s authority is limited to orders up to $25,000.

The Contracting Officer authority is for orders over $25,000.

The Ordering Officers do not have authority to approve other acquisition documentation such as justifications, determinations, and clearances. Additionally trade-off analysis and decisions are reserved for Contracting Officers only.

The following individual(s) are designated as authorized Ordering Officer(s) for this contract:

Ordering Officer: (designated at contract award), orders up to $25,000 Contracting Officer: Tara Randolph, tara.j.randolph.civ@us.navy.mil 760-793-8330, orders over $25,000 Ordering Officers are responsible for issuing and administering oral orders placed for this contract within their authority stated above. Ordering Officers have no authority to modify any of the terms and conditions of the basic contract.

ORDERS BELOW THE MICRO PURCHASE THRESHOLD

Orders valued at less than the micro-purchase threshold may be directly awarded to any contractor or competed at the discretion of the Ordering Officer. The Government reserves the right to request a quote from any or all contractors.

ORDERS ABOVE THE MICRO-PURCHASE THRESHOLD AND UP TO $25,000

Orders estimated to be valued over the micro-purchase threshold and up to $25,000 will be competed using the procedures described herein.

ORDERS GREATER THAN $25,000

Orders that are estimated to exceed $25,000 will be competed using the procedures described herein; however, any ensuing orders will be issued on a written SF 1449 by the Procuring Contracting Officer (PCO).

ORDER SOLICITATION REQUEST FOR QUOTE (RFQ)

The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail.

This request may include:

1. RFQ # and or PLAN#

2. Item(s) description and corresponding line item number from base contract

3. Quantity

4. Delivery date

5. Place of delivery or performance

6. Freight on Board (FOB) (Select one: destination or origin)

7. Specifications and other documents

8. (Select one: Manufacturer or Quality) Certification requirements

9. Quotation submission deadline (date and time)

10. Evaluation and award method

11. Payment Method (P-Card or WAWF)

12. North American Industry Classification System code

13. Solicitation Provisions

CONTRACTOR’S QUOTE

The contractor’s quote shall include, as a minimum:

1. Quantity by Line Item

2. Unit price by Line Item

3. Total order price, including shipping

4. Delivery date by Line Item

5. Origin of materials

6. Other information as delineated in each RFQ

7. If subcontracting is contemplated, the quote shall include:

a. Name, address, and CAGE code of subcontractor

b. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents

c. Price

d. Percent of work to be performed by the subcontractor

8. Validity period for quote

CLARIFICATIONS

Quoters may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the Quoter clearly identifies which data are proprietary and the Government agrees with the determination.

LATE SUBMISSIONS, REVISIONS, AND WITHDRAWAL OF QUOTES

Quotes received after the submission deadline as specified in the RFQ are “late” and may not be considered.

Contractors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension.

Quote revisions must be received prior to the quote submission deadline in order to be considered. However, revisions of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted, prior to award of the Order.

Quotes may be withdrawn by written notice (email is acceptable) at any time before the quote submission deadline.

NO BID/NON INTEREST

Contractors that are unable to provide quotes for RFQs issued by the Government are requested to respond with a no-bid/non-interest letter. Contractors who frequently do not respond to RFQs, or frequently respond with nobid/non-interest may be terminated for convenience. The contractor will be notified of such decisions before any action is taken.

DELIVERIES

Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors. Consideration to revise the delivery date of existing Orders may be proposed by the contractor and the consideration must be of value to the Government. Suggestions include free/expedited shipping, product discount, additional product, invoice reduction. Consideration may result in a modification to revise the delivery date and will not adversely impact past performance. The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination on a case-by-case basis that the contractor is excluded from competition on future orders. The contractor will be notified of such decisions before any action is taken.

EVALUATION/AWARD

Evaluation and award procedures will be tailored to each acquisition and will typically be issued either on the basis of price alone or Trade-off as described below. The evaluation and award method for each competitive order will be specified in the Order solicitation RFQ.

1. Price Alone

The Government may issue an order to the lowest price Quoter that meets the requirements of the Order Solicitation RFQ, including the delivery schedule, and that the Quoter has a satisfactory past performance.

1. Tradeoff

The Government may issue an order resulting from the RFQ to the Quoter whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered.

The following factors may be used to evaluate quotes, as specified in the RFQ:

a. Technical

b. Delivery Date

c. Past Performance

d. Price The Government will conduct evaluation of quotes. The PCO will conduct the tradeoff and select the quotation that offers the greatest value to the Government.

ONE OFFER

If only one offer is received in response to a competitive Order solicitation exceeding the simplified acquisition threshold that is placed on a competitive basis, the requirements at DFARS and PGI 215.371 may apply.

MODIFICATIONS TO PROCEDURES

These procedures may only be modified by mutual agreement of the Contracting Officer and each contract holder.

Section I - Contract Clauses

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-O0021) (DEC 2022)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on…