CSS SP3300-23-Q-0188.pdf

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

SEPTEMBER 1, 2023

Action Code: Combined Synopsis / Solicitation

Issuing Office:

DLA Distribution Acquisition Operations J7 5430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

Product Service Code (PSC): J041 – Maintenance/Repair/Rebuild of Equipment-Refrigeration, Air Conditioning, and Air Circulating Equipment

Subject: Preventative and Corrective Maintenance on Trane Cooling and Heating Units and Bry-Air Dehumidifier Units

Solicitation: SP3300-23-Q-0188

Closing Date for Questions: Friday, September 8, 2023 1:00 pm EST – Any questions received after the response date may not be answered by the Government.

Closing Response Date: Thursday, September 14, 2023 3:30 pm EST – Failure to submit your response by this date and time may result in non-consideration of your quote.

Point of Contact:

Ms. Anthea Gladkowski Anthea.Gladkowski@dla.mil 717-770-4322

Contracting Officer:

Mr. Christopher Robinson christopher.robinson@dla.mil 717-770-7285

Description: This is a combined synopsis/solicitation for commercial services 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 solicitation is being issued as a Request for Quote (RFQ) under solicitation SP3300-23-Q-0188.

This notice incorporates the provisions and clauses in effect under:

REGULATION IDENTIFICATION EFFECTIVE

DATE

Federal Acquisition Circular (FAC) 2023-05 08 AUG 2023 Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)

20230720 20 JUL 2023

Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through Procurement Letter (PROCLTR)

2023-10 17 JUL 2023

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 Request for Quotation (RFQ) is being issued to establish a Hybrid Firm-Fixed Price (FFP)/Time and Materials (T&M) contract for Preventative and Corrective Maintenance Services for DLA Distribution Albany, GA (DDAG).

The Government intents to award one (1) contract as a result of this RFQ which will be issued on a Standard Form

(SF) 1449.

This combined synopsis solicitation is being solicited as Unrestricted. The NAICS is 238220 - Plumbing, Heating, and Air Conditioning Contractors - with a size standard of $19,000,000.00. The Product Service Code (PSC) is J041

- Maintenance/Repair/Rebuild of Equipment-Refrigeration, Air Conditioning, and Air Circulating Equipment.

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

The contractor shall provide all labor, equipment, tools, test equipment, materials, replacement parts, and supervision necessary to perform Preventative Maintenance (PM) and Corrective Maintenance (CM) unscheduled, on Government owned Bry-Air ECO Dry Dehumidifier units and Trane Cooling and Heating units at DLA Distribution Albany, GA (DDAG), which resides on the Marine Corp Logistics Base, Albany, GA.

The services shall be performed in accordance with the Performance Work Statements (PWS) and Maintenance Task Lists for the Bry-Air ECO Dry Dehumidifier units and Trane Cooling and Heating units.

The Government intends to award one (1) contract as a result of this RFQ which will be issued on a Standard Form (SF) 1449. Vendors must quote all CLINs on the Schedule of Supplies to be eligible for award.

Place of Performance:

SB3550

DLA Distribution Albany, GA 814 Radford Blvd Bldg 1221 Bay 5 Region Supply Officer Albany, GA 31704-1128

Period of Performance: This requirement consists of a Base year and Two (2) One-year Options.

Base: September 29, 2023 through September 28, 2024 Option Year 1: September 29, 2024 through September 28, 2025 Option Year 2: September 29, 2025 through September 28, 2026

Service Contract Act Wage Determination No. 2015-4467 Revision No. 24 dated 12/27/2022 will apply to any services performed at DLA Distribution Albany, GA and is provided as Attachment 3 to this solicitation.

Attachments applicable to this RFQ:

Attachment 1a – PWS – Bry Air ECO Dry Dehumidifier Units Attachment 1b – PWS – Trane Cooling and Heating Units

Attachment 2a – Maintenance Task List - Bry Air ECO Dry Dehumidifier Units Attachment 2b – Maintenance Task List - Trane Cooling and Heating Units

Attachment 3 – Wage Determination No. 2015-4467 Rev 24 dated 12/27/2022

Attachment 4 – Schedule of Supplies/Services

The Schedule of Supplies/Services for this procurement is provided as Attachment 4 to this solicitation.

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

CLIN X001: Firm-Fixed Price: Preventative Maintenance (PM): Labor to perform maintenance services on CLIN X001AA - Bry Air ECO Dehumidifier Units and CLIN X001AB - Trane Cooling and Heating Units in accordance with Attachments 1a and 1b – Statements of Work, respectively. This is a Firm-Fixed Price CLIN.

Contractor will be paid on a quarterly basis for maintenance services.

CLIN X002: Time and Materials: Corrective Maintenance (CM): Labor to perform equipment repairs on CLIN X002AA - Bry Air ECO Dehumidifier Units and CLIN X002AB - Trane Cooling and Heating Units in conjunction with unscheduled Corrective Maintenance in accordance with Attachment 1a and 1b – Statements of Work. The number of hours shown are estimates. Contractor will only be paid for the actual number of hours worked.

CLIN X003: Time and Materials: Replacement Parts required for repairs CLIN X003AA - Bry Air ECO Dehumidifier Units and CLIN X003AB - Trane Cooling and Heating Units in conjunction with unscheduled Corrective Maintenance. This is an estimated amount to reimburse contractors for replacement parts required for Corrective Maintenance. Prices shall not exceed the contractor’s established catalog or market price. If the contractor obtains a part at a discounted cost, the contractor shall pass the savings on to the Government. The amount shown is a Not-to-Exceed (NTE) estimate only. The Contractor will be reimbursed for the actual cost of replacement parts with no additional handling charges, in accordance with FAR 52.212-4 Alt I.

Mark Contract Number on all Correspondence: Contractor must mark the contract or purchase order number on all paperwork. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

Invoicing and Payment: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.

ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION: Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor’s responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

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:

Telephone:

Cage code:

UEI:

Point of Contact:

Email:

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.217-5 Evaluation of Options (JUL 1990) DFARS 252.203-7005 Representation relating to compensation of former DOD officials (SEP 2022) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC

2019) DFARS 252.204-7017 Prohibition on Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation (MAY 2021) DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 2022) DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate—Basic (NOV 2014)

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

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

(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)

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single hybrid Firm-Fixed Price and Time and Materials contract as a result of this solicitation.

(End of Provision)

FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisition

(NOV 2021)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

(End of provision)

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.

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)

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.

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) The provision at 52.212-1 and the following addenda are applicable to this acquisition.

FAR 52.212-1 Addenda

(1) In addition to the information in Paragraph (b), the following is added:

a. Quotes shall be prepared in the English language.

b. Quotes must have the following Controlled Unclassified Information (CUI) marking incorporated on the appropriate pages in their quote submission:

i. Header on all pages:

- “CUI”

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

- Controlled by: (This is the Vendor’s Company Name)

- CUI Category: PROCURE

- Distribution/Dissemination Controls: FEDCON

- POC: (Name and email address of person who prepared quote)

EXAMPLE:

Controlled by: XYZ Company

CUI Category: PROCURE Distribution/Dissemination Controls: FEDCON

POC: Sally Smith, sally.smith@xyz.com

iii. Footer (at very bottom) on all pages:

- “CUI”

c. Quotes must include the following information in accordance with Paragraph (b):

Volume I – Price Quote: Quotes may be submitted in contractor format and shall include:

1. Signed and dated cover letter with the following information, solicitation number, company name, address, telephone number, and e-mail address, and contractor Commercial and Government Entity (CAGE) Code.

2. Completed Attachment 4 - Schedule of Supplies/Services for the Base Year and both Option Years.

- The quoter is required to complete the Unit Price for SubCLINs X001AA, X001AB, X002AA, X002AB for the Base Year and both Option Years; Total Price will calculate automatically.

- SubCLINs X003AA and X003AB are established Ceiling Prices; no unit price is required.

3. Completed Representations and Certifications located at FAR 52.212-3 or quoter statement indicating that said Representations and Certifications are current and located in the System for Award Management (SAM) database.

4. Signed Amendment of Solicitation of Contract for all amendments (applicable only if any amendments are issued against this solicitation).

Volume II – Past Performance Past performance information is used in determining the level of confidence the Government has for successful performance based upon the quoter’s actions under previously awarded, recent and relevant contracts. To be compliant with this factor the quoter shall provide the following:

1. A narrative synopsis that shall describe the quoter’s background, knowledge, and experience related to performing maintenance support services (i.e. Preventative and Corrective Maintenance) on the Bry Air ECO Dry Dehumidifier and Trane Cooling and Heating units. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in the PWS.

2. The quoter must demonstrate through past performance an ability to perform the work described in the solicitation. The Government recommends submission of at least three (3) recent and relevant contracts but will evaluate any and all submitted contractor past performance information which demonstrates they have successfully executed contracts of similar scope and magnitude within the past five (5) years. References will be evaluated in the aggregate to allow quoters who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered relevant if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above. Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the contract mailto:sally.smith@xyz.com occurred. Recent contracts are defined as any contract under which any performance, delivery, or corrective action has occurred within the following time standards: five (5) years prior to this RFQ issuance date, regardless of the award date.

The Government shall only consider relevant past performance data. To be considered relevant, the Quoter must demonstrate past execution of similar contracts in terms of scope, complexity, technology, magnitude of effort, and schedule. Quoters shall provide the information for EACH recent and relevant contract it submits for itself or its subcontractor. Past performance information shall include the following:

a. Contractor Name

b. Name of customer/agency

c. Contract/Purchase Order Number

d. Customer Point of Contact (provide name, phone number, and email address)

e. Length of contract/period of performance (dates)

f. Dollar amount of contract (initial price and final price)

g. Description of service performed

h. Narrative synopsis that describes the specific nature of the work; similarities with the proposed work;

and the relevant experience gained

The Government recommends that Quoters and subcontractors limit references to those involving its performance as a prime or first tier subcontractor only. If the work was performed as a subcontractor, provide the name of the prime contractor.

d. Quotes shall include all required documentation as listed in (c) above. Submission of a quote that does not contain all items requested 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.

e. Quotes must be submitted electronically via email to: anthea.gladkowski@dla.mil Subject: SP3300-23-Q- 0188 Quotation – “Quoter’s Company Name”

f. Facsimile and hard copy quote submissions will not be accepted or evaluated.

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

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

(a) The Government will award one (1) Firm-Fixed Price (FFP) and Time and Materials (T&M) contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) price; (ii) technical capability; (iii) past performance.

The award decision process is bing conducted under FAR Part 12 and FAR Part 13.5, wherein the Contracting Officer is permitted to have substantive communications with individual contractors about their quotes without being subjected to the policies and procedures of FAR Part 15, and without engaging in “discussions” or “negotiations” under FAR Part 15.

Quotes shall be evaluated for acceptability or unacceptability only and shall not be rated. Award will be based on the overall lowest evaluated price of the quotes meeting or exceeding the acceptability standards for the non-price factors. Any offeror who has submitted a technically acceptable quote and who has been found to have an acceptable past performance will then have the quote evaluated for lowest price.

To be considered acceptable and eligible for award, an offeror must address separately all the factors set forth in accordance with the instructions of this solicitation. A major item and/or gross omission which mailto:anthea.gladkowski@dla.mil precludes meeting solicitation objectives that cannot be corrected prior to or during communciations without major revision or complete resubmission of the quote will cause a quote to be found technically unacceptable.

The Government intends to make an award based on the initial quotes received; therefore, the initial offer shall contain the Offeror’s best terms from a price and technical standpoint. 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.

Pricing If a quote has been determined acceptable under each of the non-price factors listed below, the Government will then evaluate the quote for the lowest price. The proposed total price, the sum of the total amount for all Contract Line Items (CLINs) (if multiple CLINs), between offers that are determined to be technically acceptable will be the determining factor in the selection of a quote for award. All CLINs must be priced.

Price analysis shall not be conducted on offerors determined to be unacceptable for award.

The Government will perform a price analysis to determine the reasonablenss of proposed price in accordance with FAR 15.404-1(b). The Government will use a comparison of proposed prices received in respone to the solicitation.

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 from this solicitation.

The following non-price factors shall be used to determine acceptability of a quote:

Technical Capability To be considered for award, offerors must provide services specified in the Schedule of Supplies/Services.

(a) Meet the service characteristics specified in this solicitation and attached Statements of Work;

(b) Provide descriptive information as to the services provided, such as a brochure or other descriptive information.

Failure to provide a complete, detailed, realistic, and reasonable quote may reflect a lack of understanding of the requirements and may result in a determination that the offeror’s quote is unacceptable. The Government does not assume a duty to search for clarificatin data to cure problems or inconsistencies with an offeror’s quote.

Past Performance Past Performance is the offeror’s record of conforming to the solicitation specifications and to standards of good workmanship; the offeror’s adherence to contract schedules, including the administrative aspects of performance; the offeror’s reputation for record of reasonable and cooperative behaviour and commitment to customer satisfaction; and generally, the offeror’s business-like concern for the interest of the customer.

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 the 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 the 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.

The Government is not obligated to interview all points of contact identified by Offerors nor is the Government limited to the points of contact provided.

https://www.cpars.gov/

(b) Options. N/A

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negoations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

DLA Procurement L08 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations

(JUN 2020)

(1) The Government will use the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) (formerly Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)) and may use other performance history to evaluate suppliers’ past performance. (2) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies the Government is purchasing. (3) The contracting officer will use the quality and delivery classifications identified for a supplier in SPRS to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government will use this past performance information in accordance with the basis for award stated in the solicitation. (4) SPRS generates classifications daily for each contractor. The SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf) and the SPRS Government User Guide (https://www.sprs.csd.disa.mil/pdf/SPRS_Government.pdf) provide instructions for accessing SPRS classifications.

Contractors have access to SPRS for their own classifications only. Suppliers are encouraged to review their own classifications; the SPRS reporting procedures and classification methodology detailed in the SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf); and the SPRS Evaluation Criteria (https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf). The SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf) provides the method to challenge a rating generated by SPRS.

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

(DEC 2022)

Offerors must complete Representations and Certifications at 52.212-3 in the System for Award Management prior to submission or provide a completed copy with quote submission.

Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.

https://www.acquisition.gov/far/part-12#FAR_12_301

FAR 52.212-4 Addenda

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.211-17 Delivery of Excess Quantities (SEP 1989) FAR 52.222-25 Affirmative Action Compliance (APR 1984) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.223-10 Waste Reduction Program (MAY 2011) FAR 52.227-1 Authorization and Consent (JUN 2020) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-11 Extras (APR 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.233-1 Disputes (MAY 2014) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.242-17 Government Delay of Work (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 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022) DFARS 252.204-7000 Disclosure of Information (OCT 2016) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (JAN 2023) 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 (JAN 2023) 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 Telecommunications Equipment or

Services (JAN 2021) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (JAN 2023) DFARS 252.211-7003 Item Unique Identification and Valuation (JAN 2023) DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials –

Basic (SEP 2014) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023) DFARS 252.225-7001 Buy American and Balance of Payments Program—Basic (JAN 2023) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022) DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) DFARS 252.225-7048 Export Controlled Items (JUN 2013) 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 252.244-7000 Subcontracts for Commercial Items (JAN 2023) DFARS 252.247-7023 Transportation of Supplies by Sea—Basic (JAN 2023)

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Products and Commercial Services (JUN 2023)

(a) The Contractor shall comply with the 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:

FAR (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, 205 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

FAR (2) 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).

FAR (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).

FAR (4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

FAR (6) 52.233-3 Protest After Award (Aug 1996) (31 U.S.C. 3553).

FAR (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 items:

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

FAR 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).

FAR 52.219-28 Post Award Small Business Program Representation (Mar 2023) (15 U.S.C. 632(a)(2)) FAR 52.222-3 Convict Labor (June 2003) (E.O. 11755).

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

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

FAR (i)52.222-35 Equal Opportunity for Veterans (June 2020) (38 U.S.C. 4212) FAR (i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

FAR 52.222-37 Employment Reports on Veterans (June 2020) (38 U.S.C. 4212) FAR (i)52.222-50 Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O.

13513).

FAR 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).

FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

FAR 52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67)

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (E.O. 13658)

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

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of Clause)

FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies (DEVIATION 2020-O0019) (JAN 2022)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

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) https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

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 (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 252.225-7013 Duty-Free Entry. (DEVIATION 2020-O0019) (JUL 2020)

(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—

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

(ii) “Free Trade Agreement country end product,” other than a “Bahrainian 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, basic or its Alternate II;

(iii) “Free Trade Agreement country end product” other than a “Bahrainian end product,” “Korean end product,” “Moroccan end product,” “Panamanian end product,” or “Peruvian end product,” as defined in of the Buy 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) New York, ATTN: Customs Team, DCMAE-GNTF, 201 Varick Street, Room 905C, New York, New York 10014, 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.

(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…