CSS SP3300-25-Q-0112.pdf

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

ACQUISITON OPERATIONS J7

5430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

FEBRUARY 25, 2025

Action Code: Combined Synopsis / Solicitation (CSS)

Issuing Office:

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

Product Service Code (PSC): 7530 – (Stationery and Record Forms)

Subject: Intermec Labels for DLA Distribution Susquehanna, PA (DDSP)

Solicitation: SP3300-25-Q-0112

Closing Response Date: 04 March 2025, 1:00 EST - Failure to submit your response by this date and time may result in non-consideration of your quote.

Point of Contact:

Ms. Adrienne Hawkins Adrienne.hawkins@dla.mil

Contracting Officer:

Mr. Christopher Robinson christopher.robinson@dla.mil

Description: This is a combined synopsis/solicitation (CSS) for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR part 13 Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This notice incorporates the provisions and clauses in effect under:

REGULATION IDENTIFICATION ISSUE DATE

Federal Acquisition Circular (FAC) 2025-03 03 January 2025 Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20250117 17 January 2025

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

(PROCLTR)

2025-05 04 November 2024

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

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

This CSS is being issued as a 100% Woman Owned small business (WOSB) set-aside under NAICS 322220 (Paper Bag and Coated and Treated Paper Manufacturing) with a size standard of 750 employees. The Product Service Code (PSC) for this acquisition is 7530 (Stationery and Record Forms).

This CSS is being issued to establish a firm-fixed-price contract. All material needs to match the specifications provided in the schedule of supplies. Any resulting award will be issued on a Standard Form (SF) 1449.

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

The required delivery schedule is 30 days after receipt of order (ARO).

FOB: Destination Inspection / Acceptance: Destination

Schedule of Supplies

CLIN Schedule of Supplies/Services Quantity U/I Unit Price

Extended Total Price

0001 LABEL, INTERMEC PART NUMBER E06175.

SIZE: 4 INCH X 6 INCH. USED WITH

INTERMEC 4100, 3400 <(>&<)> PM4I

THERMAL TRANSFER PRINTERS.

COLOR-WHITE. 4 INCH X 6 INCH VERTICAL

(DEFINED AS 90 DEGREES TO THE LONG EDGE).

PERFORATIONS BETWEEN LABELS. OUTSIDE

DIAMETER 8.380 MAXIMUM. WOUND

COATED SIDE OUT. PART NUMBER, SUPPLIER

LOT NUMBER, SENSITIVITY SETTING MUST BE

PROVIDED ON LABEL PACKAGING. LABEL

MUST CONFORM TO MIL-PRF-61002A-II-A-1-a.

PRESSURE SENSITIVE ADHESIVE.

CONSTRUCTION IS PAPER WITH LAMINATE.

979 LABELS PER ROLL. STOCK NUMBER

753000L950067.

1,700 RO

Manufacturer of the item Part Number Are you free to set your own price?

Delivery:

SHIP TO:

SB3300

DEFENSE LOGISTICS AGENCY

BASE SUPPLY

O AVENUE BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

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/

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

CONTRACT NUMBER

CLIN /MATERIAL NUMBER

SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

Requirements For Pallets: Material must be shipped on serviceable 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 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. 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.

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.

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

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

Company Name:

Company Address:

Point of Contact:

Telephone:

Email:

CAGE code:

Unique Entity ID (UEI):

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

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

(NOV 2023)

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

FAR 52.212-4 Addenda

52.202-1 Definitions 52.203-3 Gratuities 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition against Certain Telecommunications and Video Surveillance

Services or Equipment.

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

Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.211-17 Delivery of Excess Quantities 52.222-25 Affirmative Action Compliance 52.223-4 Recovered Material Certification 52.223-6 Drug-Free Workplace 52.222-26 Equal Opportunity 52.232-1 Payments 52.232-8 Discounts for Prompt Payment 52.232-11 Extras 52.232-23 Assignment of Claims 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.243-1 Changes Fixed Price 52.247-34 F.O.B. Destination 52.253-1 Computer Generated Forms 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services 252.204-7020 NIST SP 800-171 DoD Assessment Requirements 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7012 Preference for Certain Domestic Commodities 252.225-7036 Buy American – Free Trade Agreements-Balance of Payments Program 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments 252.232-7017 Accelerating Payments to Small Business Subcontractors – Prohibition on

Fees and Consideration 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation of Supplies by Sea

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

FAR 52.211-8 Time of Delivery (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT

0001 FULL QUANTITY 30 days ARO

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT

0001 FULL QUANTITY

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically.

(The term working day excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Products and Commercial Services. (JAN 2025)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109e 2) ( 31 U.S.C. 6101 note).

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

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note)

52.219-6 Total Small Business Set Aside 52.219-28 Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)).

52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) 52.222-3 Convict Labor (Jun 2003) (E.O.11755) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2022) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

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

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793) 52.222-50 Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

52.232-34 Payment by Electronic Funds Transfer – Other than System for Award Management (Jul 2013) (31 U.S.C. 552a)

FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(a) Definitions. As used in this clause-

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

(2) Submit this estimate to Adrienne.hawkins@dla.mil [Contracting Officer complete in accordance with agency procedures].

(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)

DLAD Procurement Note L06 Agency Protests (DEC 2016) Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

(End of Procurement Note)

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

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

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

Wide Area WorkFlow (WAWF).

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

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

Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award

Management at https://www.sam.gov; and

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

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

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

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

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

https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003 https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS_252.232-7003

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

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

(ii) For fixed price line items—

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

INVOICE

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

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

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

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

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

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

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

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

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC SP3300 Inspect By DoDAAC Not Applicable Ship To Code SB3300 Ship From Code Not Applicable Mark For Code SB3300 Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) Not Applicable Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Not Applicable (Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

ATTACHMENTS:

N/A

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

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

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-22 Alternate Line-Item Proposal FAR 52.204-26 Covered Telecommunications Equipment or Services--Representation FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations—

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

Felony Conviction under any Federal Law FAR 52.212-3 (Alt 1) Offeror Representations and Certifications—Commercial Items--Alternate I FAR 52.219-1 (Alt 1) Small Business Program Representations--Alternate I FAR 52.222-22 Previous Contracts and Compliance Reports FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or

Transactions Relating To Iran—Representation And Certifications DFARS 252.203-7005 Representation relating to compensation of former DOD officials DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—

Representation.

DFARS 252.204-7017 Prohibition on Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.215-7007 Notice of Intent to Resolicit DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls DFARS 252.225-7013 Duty-Free Entry DFARS 252.225-7035 Buy American – Free Trade Agreements-Balance of Payments Program

Certificate-Basic 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 Products or Commercial Services.

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— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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 https://www.sam.gov/ 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)

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

(DEC 2023)

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

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as https://www.acquisition.gov/far/part-52#FAR_52_204_30 described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

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

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

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

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

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

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

(4) Brand;

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

(6) Item description;

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

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

(End of provision) https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-4#FAR_4_2303

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm-fixed-priced purchase order as a result of this solicitation.

(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.

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.

(End of Provision) 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 (SEP 2023) The provision at 52.212-1 and the following addenda are applicable to this acquisition.

FAR 52.212-1 Addenda

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

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

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

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

(5) Quotes must be submitted electronically via email at: adrienne.hawkins@dla.mil Subject:

SP3300-25-Q-0112 Quote – [Offeror’s Company Name]

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

a. Header on all page:

i. “CUI”

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

i. Controlled by: [Company Name]

ii. CUI Category: PROCURE

iii. Distribution/Dissemination Controls: FEDCON

iv. POC: [Name and email address of person who prepared quote]

c. Footer (at very bottom) on all pages

i. “CUI”

(7) Quotes must include the following items:

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

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

(UEI).

c. Solicitation Number

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

e. A completed Schedule of Supplies.

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

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

(End of Provision)

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) Quotes will be evaluated in accordance with FAR 13.106-2. The Government may award one contract on an all-or-none basis to the responsible offeror who: 1) quote complies with the terms and conditions of this solicitation, complies with laws and regulations ; and 2) offers the total overall lowest price for all contract line items.

Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award. As part of this evaluation the Government reserves the right to review any sources or people the Government determines reliable including those sources which relate to past performance.

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

mailto:adrienne.hawkins@dla.mil

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

Provide material(s) in accordance with the schedule of supplies. Quotes will be evaluated in accordance with the Schedule of Supplies.

Past Performance Requirements The Government will evaluate the offeror’s Past Performance to determine acceptability of the quote in response to this solicitation. Past Performance will be evaluated on an acceptable/unacceptable basis and shall not be rated. The offeror will be evaluated on their past performance record and any other relevant information obtained from available sources which may include: Supplier Performance Risk System (SPRS), the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov;or other databases.

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

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2023) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

END OF SOLICITATION