CSS SP3300-24-Q-0039.pdf

SP3300-24-Q-0039

NOTICE TO OFFERORS

1. Issuing Office:

DLA Distribution Acquisition Operations (J7)

430 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 Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Subpart 13 Simplified Procedures for Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP3300-24-Q-0039.

3. This notice incorporates provisions and clauses in effect under:

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Circular 2024-01 14 November 2023

Defense Federal Acquisition Regulation

Supplement (DFARS) Publication Notice

(DPN)

20231117 17 November 2023

Defense Logistics Acquisition Directive

(DLAD) Current to Revision 5 through

PROCLTR

2024-01 19 October 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/

4. This Request for Quotation (RFQ) is being issued to establish a Firm Fixed Price (FFP) Purchase Order for Hardware for DLA Distribution Puget Sound (DDPW). The Government intends to award ONE (1) contract as a result of this RFQ. Any resulting award will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

5. This RFQ is being solicited as a 100% Small Business Set-Aside. The North American Industry Classification System (NAICS) code for this project is 332722, Bolt, Nut, Screw, Rivet, and Washer Manufacturing and the size standard is 600 employees. The Product or Service Code (PSC) for this acquisition is 5315.

6. Delivery Schedule:

30 days ARO

7. DELIVERY INFORMATION:

DLA Distribution Puget Sound

BOSS 467 W ST BLDG 467 DR 8

BREMERTON WA 98314-5130

USA

8. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation;

Materials Inspection and Receiving Report (DD250), Bill of Lading, Packing List, Tracking/Delivery

Confirmation or Invoice. To ensure prompt payment to your company, the Proof of Deliveries must include the following:

• CONTRACT NUMBER 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

9. 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 of any contract resulting from this solicitation. Offerors 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.

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

Manufacturer:

10. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See

DFARS Clause 252.232-7006.

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

12. REQUIREMENTS FOR PALLETS: Material must be shipped on serviceable, winged pallets in accordance with MD00100452, Revision C, dated 09/2016. Please reference the following link for more information:

https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx

The complete specification for winged pallets can be found in Part 9 of ANSI MH1. The pallet must be heat treated, certified, and stamped or branded with the appropriate certification markings in accordance with DOD

Manual 4140.65-M.

Please reference the DLA Master List of Technical and Quality Requirements for information at this link:

https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/

Additional information can be found at:

https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx

Failure to deliver supplies on pallets with these specifications will result in the Government not accepting the shipment when it arrives at destination. The offeror must quote shipment of supplies in accordance with this requirement.

13. Questions regarding this solicitation shall be submitted by E-mail to the Acquisition Specialist, Steven Lesh at steven.lesh@dla.mil Subject: SP3300-24-Q-0039 RFQ Question.

Question(s) must be received by 3:30 PM EST on January 9, 2024. Answers to questions will be posted on

SAM.gov via an amendment to the solicitation.

14. 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 process.

http://www.sam.gov/

15. 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.

16. INDEPENDENT PRICING: The Quoter shall answer the questions below.

Quoter is the Manufacturer (MANF) OR Distributor (DIST) of this product

Circle/Highlight one: MANF or DIST

If a Distributor, the Quoter is quoting a product made by the following manufacturer(s)

If a Distributor, Quoter is free to set their own pricing: _______YES or _______NO

SCHEDULE OF SUPPLIES

Unit or Issue:

BX = Box

PG = Package

EA = Each

CLIN 0001

QTY 5 BX

NAIL, 3 1/4" x .130, 30 deg, framing

NAIL, 3 1/4" x .131, 30-degree, Framing Nail; Full Round Head; Brite/Interior; Smooth Shank; Paper Tape; 2,500 per Box; Similar or equal to Paslode 650839.

UNIT PRICE of $ _____________ TOTAL PRICE of $ ________________

CLIN 0002

QTY 2 BX

Nail, 3 1/4" x .131, Hot Dip, Galvanized

Nail, 3 1/4" x .131, Hot Dip Galvanized; Ringed Spline; Heal-less Offset; Paper Strip; 30-degree; Steep; 2000 per

Box; Similar or equal to Paslode 650474.

CLIN 0003

QTY 20 PG

Washer, Zinc, 1/2"x2"x.120

Washer, Zinc, 1/2" x 2" x .120 Washer; Thick Fender; 25 per package; Steel; Similar or equal to Tacoma Screw

070-704-1.

CLIN 0004

QTY 200 EA

Bolt, Hex, 3/8"-16 X 2-1/2"

3/8"-16 X 2-1/2" Hex Bolt; ASTM A307, Grade A, Zinc; Partial Thread, Coarse; 9/16" Wrench Size; Similar or equal to Fastenal part number 11113.

CLIN 0005

QTY 84 BX

Nails 2 3/4" x .120 x 31 Degrees

Nails, 2 3/4" x .120 x 31 Degrees, Ring Shank, Paper Tape; Bright; Similar or equal to Anchor 234X120SPR, Box equals 3,500.

CLIN 0006

Nails 3"x.131x30 degree, Brite Roundrive

Nails 3"x.131x30 degree, Brite Roundrive Framing Nails; Similar or equal to Paslode 650830; 2,500 per box.

CLIN 0007

QTY 20 PG

WASHER, FLAT, 1/2" X 1.375"

Washer, Flat, 1/2" X 1.375"Washer; OD Low Carbon Zinc Finish; Steel; Use General purpose; Box Of 25; Similar or equal to Fastenal Part #1133012.

CLIN 0008

QTY 200 EA

Bolt, Hex, 3/8"-16 X 2"

3/8"-16 X 2" Hex Bolt; ASTM A307, Grade A, Zinc; Partial Thread; Coarse; 9/16" Wrench Size; Similar or equal to

Fastenal part number 11111.

CLIN 0009

Nail, galvanized 2 3/8" Paslode

Nail, 2 3/8" x .113" x 30 degrees, Galvanized Ring Shank Framing Nail; Hot-Dipped; Similar or equal to Paslode

Part Number 650382; 2,000 Nails per Box; approved for use on ACQ Treated Lumber.

CLIN 0010

QTY 1 BX

Washer, 3/4"ID x 2"OD x 5/32"thick

Washer, 3/4" x 2" x 5/32" USS Flat Washers - ASME B18.21.1; zinc finish; steel; 50 per Box; Similar or equal to

Tacoma Screw p/n 068-009-1.

CLIN 0011

QTY 230 BX

Staples 1 1/8" x 16 Gauge x 1/2" Crown

Staples, 1 1/8" x 16 gauge x 1/2" crown, galvanized, Similar or equal to Paslode P/N OT5243, Unit of Issue is Box, Box equals 15,000.

CLIN 0012

QTY 20 PG

NUT, HEX 1/2"-13

Nut, Hex 1/2"-13; Grade 5; zinc finish; steel material; coarse thread;.0.437" thickness; SAE J995; ASME B18.2.2;

Similar or equal to Fastenal Part No. 1136310 or Mfg. Fabory p/n U01300.050.0001; 50 per PG.

CLIN 0013

QTY 4 BX

Staples; Chisel Point, 3/4"L, 15/16" Cwn

16 GA Steel Galvanized Chisel Point Staples; Glue Collation; 3/4"Fastener Length; 15/16" Crown Width; Similar or equal to Spot nails item number 2606PG-10M; 10,000 staples per box.

CLIN 0014

QTY 1 BX

Washer, Flat 5/8" Zinc Plated Steel

Washer, Flat 5/8" Zinc Plated Steel Flat Washer; Low Carbon Steel, Zinc Plated; fits 5/8" bolt; ID 11/16", OD 1-

3/4", 0.134" Thick; ASME B18.21.1; 25 per Box; Similar or equal to Mfg. Fabory p/nU38130.062.0001 or Grainger p/n 22UE26.

CLIN 0015

Nail, 3" x .120, Ring Shank

Ring Shank Framing Nail, 3" x .120; Clipped Head; Paper Tape Collation; Sharp Point; Steel; 30 - 34 degree angle;

ICC ES-3072 Rating; 3,000 per box; Similar or equal to Paslode 097973.

CLIN 0016

QTY 100 EA

Bolt, Carriage 3/8"-16 x 7-1/2"

Carriage Bolt, 3/8"-16 x 7-1/2"; Zinc Finish Steel; ASTM A307; Grade A; Partial, Coarse Thread; Round Head;

Similar or equal to Fastenal part number 21378.

Total quoted contract price shall include FOB Destination shipping.

TOTAL QUOTED CONTRACT PRICE = $ ________________________________

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 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-27 Prohibition on a ByteDance Covered Application

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR 52.232-1 Payments

FAR 52.232-8 Discounts for Prompt Payment

FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-1 Disputes

FAR 52.247-34 F.o.b. Destination

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.204-7003 Control of Government Personnel Work Product

DFARS 252.204-7009 Limitations on the Use or Disclosure of Third Party Contractor Reported Cyber

Incident Information

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

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

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

DFARS 252.223-7008 Prohibition of Hexavalent Chromium

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

DFARS 252.225-7012 Preference for Certain Domestic Commodities

DFARS 252.225-7036 Buy American Act – Free Trade Agreements – Balance of Payments Program Alt I

DFARS 252.225-7048 Export Controlled Items

DFARS 252.225-7056 Representation Regarding Business Operations with the Maduro Regime

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.243-7001 Pricing of Contract Modifications

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

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

Products and Commercial Services (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Nov 2021) (Section 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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

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

52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (Dec 2023)

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

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (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 (Jan 2018) (E.O.

13126).

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

(i) 52.222-35 Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

52.222-37 Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(i) 52.222-50 Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)

(31 U.S.C. 3332).

(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(End of Clause)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(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.

(iii) Verify 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 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.

52.219-6 -- Notice of Total Small Business Set-Aside. (Deviation 2019-O0003) Notice of Total Small Business Set-Aside (Nov 2011)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).*

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas.

If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

FAR 52.219-14 Limitations on Subcontracting (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that —

(1) Has the same small business program status as that which qualified the prime contractor for the award

(e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System

(NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to —

(1) Contracts that have been set aside for any of the small business concerns identified in

19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in

8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System

(NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the

Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small

Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This notice incorporates provisions and clauses in effect under:

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):

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

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

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

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS)

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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/ http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the

Contracting Officer.

______INVOICE_____

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

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

_______N/A_________

(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* https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Field Name in WAWF -- Data to be entered in WAWF

Pay Official DoDAAC -- SL4701

Issue By DoDAAC -- SP3300

Admin DoDAAC** -- SP3300

Inspect By DoDAAC -- N/A

Ship To Code -- SB3207

Ship From Code -- N/A

Mark For Code -- N/A

Service Approver (DoDAAC) -- N/A

Service Acceptor (DoDAAC) -- SB3207

Accept at Other DoDAAC -- N/A

LPO DoDAAC -- N/A

DCAA Auditor DoDAAC -- N/A

Other DoDAAC(s) -- N/A

(*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. Steven.Lesh@dla.mil (Contracting Officer: Insert applicable information or

“Not applicable.”)

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

DLAD PROCUREMENT NOTES:

C03 Contractor Retention of Supply Chain Traceability Documentation (DEC 2016)

(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source's Commercial and

Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

(3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit

Detection and Avoidance Program (CDAP) website

(http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance- Program/).

(4) The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

(End of 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)

SOLICITATION PROVISIONS:

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2007)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements Representation (Jan 2017)

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023)

FAR 52.225-18 Place of Manufacture (Aug 2018)

DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Sep 2022)

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications (Nov 2023)

DFARS 252.204-7008 Compliance with safeguarding covered defense information controls (Oct 2016)

DFARS 252.225-7035 Buy American – Free Trade Agreements – Balance of Payments Program Certificate

(Nov 2023)

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (May 2022)

DFARS 252.247-7022 Representation of Extent of Transportation by Sea

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition. (1) 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) 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.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the

Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) 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);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the

Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act

(FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in

41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a

Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the

Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive…