CSS SP330022Q0039.pdf

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Controlled by: _______________________________

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POC: _______________________________

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DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

ACQUISITON OPERATIONS J7

5430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

JUNE 10, 2022

1. Action Code: Combined Synopsis / Solicitation

2. Issuing Office:

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

3. Product Service Code (PSC): J039 Maintenance, Repair, and Rebuilding of Equipment- Materials Handling Equipment

4. Subject: MAINTENANCE SUPPORT SERVICES FOR 80 TON CRANE COMBINED

SYNOPSIS SOLICITATION

5. Solicitation: SP3300-22-Q-0039

6. Closing Response Date: Tuesday, June 28, 2022, 0900 EST

7. Point of Contact:

Mr. Edward Ruud Edward.ruud@dla.mil 717-770-8585

8. Contracting Officer:

Mr. Christopher Robinson christopher.robinson@dla.mil 717-673-9259

9. Description: This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being issued as a Request for Quote (RFQ) under solicitation

SP3300-22-Q-0039.

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This notice incorporates the provisions and clauses in effect under:

Regulation Identification Effective

Date Federal Acquisition Circular (FAC) 2022-06 26 April 2022 Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice

(DPN)

20220428 28 April 2022

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

2022-06 31 MAR 2022

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

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

This Request for Quote is issued to establish a hybrid Firm-Fixed Price (FFP) and Time and Materials (T&M) contract for Maintenance Support Services for one (1) Government owned American-Clyde rail guided 80-ton capacity portal crane located at DLA Distribution Albany.

Crane Maintenance Support Services include Monthly Scheduled Preventive Maintenance; on-call Unscheduled Remedial Maintenance; and Crane Rental Support Services, to include a crane operator, to temporarily continue crane mission services as needed at DLA Distribution Albany, Georgia. The contractor shall provide all labor, supervision, tools, materials, equipment, transportation, and management necessary to provide preventive and maintenance services, unscheduled service calls (as needed) and all repair and or replacement parts necessary to keep all portions of the American-Clyde rail guided 80-ton portal crane covered by this requirement in good operating condition. The services shall be performed in accordance with the Statement of Work (SOW) provided as Attachment 1 Any award resulting from this Request for Quote will be issued on a Standard Form 1449. No Defense Priorities and Allocations System rating is assigned to this solicitation or any resulting award.

10. Set-aside Status: This solicitation is being solicited 100% Set Aside for Small Business Concerns. The North American Industry Classification System (NAICS) code for this project is 811310 and the size standard is $7.5 million. The PSC Code for this procurement is J039 – Maintenance, Repair, and Rebuilding of Equipment- Materials Handling Equipment

11. Period of Performance shall be on or about as follows:

Base Year: September 1, 2022, through August 31, 2023 Option Year 1: September 1, 2023, through August 31, 2024 Option Year 2: September 1, 2024, through August 31, 2025

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This requirement is subject to the Service Contract Act. Wage Determination No. 2015-4467 Revision No. 20 dated 12/27/2021, provided as Attachment 2.

Pursuant to FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, the following data is provided for informational purposes only and is not a Wage Determination. The Wage Grade equivalent to this position is as follows:

Machinery Maintenance Mechanic = $29.74/hour

12. Invoicing and Payment – Invoicing and Payment will be made via Wide Area WorkFlow.

See DFAR Clauses 252.232-7006 and 252.232-7003 starting on page 13. Billing shall be made monthly in arrears.

13. Contract Pricing: CLINs x002, x003, x004, x005 are time and material CLINs. Reference FAR 52.214-4 Alt I, the contractor shall be reimbursed for actual hours incurred only for repair services. The contractor shall not exceed the CLIN/contract ceilings without prior approval from the Contracting Officer. The price charged to the Government for a purchased part under CLINs x003 shall not exceed the contractor’s established catalog or market price. If the contractor obtains a part at a discounted cost, the contractor shall pass the savings on to the Government.

Upon request of the Contracting Officer Representative (COR), the contractor will be required to provide invoices and/or proof of pricing for the contractor purchased part.

14. Option to Extend Services: This contract will include FAR Clause 52.217-8 Option to Extend Services. CLINs 3001, 3002, 3003, 3004, 3005, 3006 and 3007 are established for implementation of this clause. For evaluation purposes, the Government will calculate the price of these CLINs by taking half of the offeror’s quoted price for CLINs 2001, 2002, and the full quoted price for CLIN 2006 and 2007. Accordingly, the Government will calculate the price of CLIN 3003 by taking half of the estimated amount for CLIN 2003 (material/parts.) The total price for CLINs 3001, 3002, 3003, 3004, 3005, 3006 and 3007 will then be added to the vendor’s total contract price for evaluation purposes.

15. Submission of Service/Delivery Slips: Service verification slips must be delivered to the Contracting Officer’s Representative (COR) following each on-site visit. Verification slips shall include the contract number, person’s name who performed the service, date of time of performance, duration of service, and the tasks performed. All verification slips must be signed by an authorized person for whom the service was performed. Failure to comply will result in a delay in payment.

16. 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.

17. 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

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requirements. Refer to DFARS 204.1103 for helpful information on navigation and data entry in the SAM database. Registration may be done on line at www.sam.gov.

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

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

Questions shall be submitted by electronic mail to the Acquisition Specialist, edward.ruud@dla.mil, Subject: SP3300-22-Q-0039 Solicitation Question(s). Question(s) must be received by 3:00 p.m. Eastern Time on June 17, 2022. Answers to questions will be posted to the www.SAM.Ggov website via an amendment to the solicitation.

18. Unit of Issue:

EA = Each HR = Hour MO = Month

19. 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.

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

21. Management of Contractor Employees: The Contractor personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the Performance Work Statement. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control the activities of the Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel.

22. Single Award: The Government intends to award one hybrid Firm-Fixed Price (FFP) with Time and Materials (T&M) CLINs purchase order as a result of this solicitation.

The Government is not soliciting for the “same old way” of doing business. The Government encourages quotes that will achieve savings through innovative processes. Furthermore, DLA Distribution personal are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.

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 (Jan 2017)

FAR 52.204-7 – System for Award Management (Oct 2016)

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

FAR 52.217-5 – Evaluation of Options (Jul 1990)

FAR 52.222-22 – Previous Contracts and Compliance Reports (Feb 1999)

FAR 52.222-25 – Affirmative Action Compliance (Apr 1984)

FAR 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Jun 2020)

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DFARS 252.203-7005 – Representation Relating to Compensation of Former DoD Officials (Nov 2011)

DFARS 252.204-7008 - Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

The following provisions are incorporated by full text:

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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

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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)

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021) 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 90 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 electronically via email at: edward.ruud@dla.mil, Subject:

SP3300-22-Q-0039 Quotation – “Offeror’s Company Name”

(5) 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:

ii. CUI Category:

iii. Distribution/Dissemination Controls:

iv. POC:

c. Footer (at very bottom) on all pages

i. “CUI”

(6) Quotes shall be submitted in two separate electronic files and shall include all required documentation as listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

The Offeror shall submit their quote in the English language in two (2) separate electronic files as follows:

Electronic File I: Price Quote & Administrative Matters Electronic File II: Past Performance

The titles and contents for each electronic file to be submitted are defined below. A Table of Contents Volume I and Volume II is required.

(a) Electronic File I: Price Quote & Administrative Matters:

Completed Attachment 3 - Schedule of Supplies/Services for base year and two (2) option years in EXCEL file Workbook format. Prices must be rounded to two decimal

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points. NOTES: One soft copy of the completed Schedule of Supplies/Services for Base Year and Two Option Years in EXCEL file Workbook format is provided with this RFQ.

The EXCEL Workbook contains three (3) worksheets, one for each year of period of performance. EXCEL spreadsheets contain formulas for calculating the total price per CLIN for CLIN X001, X002, X006, X007. Offeror is to complete the Unit Price column for each contract year. There is an established ceiling price of $75,000 for CLIN X003, $25,000.00 for CLIN X004 and $15,000.00 for CLIN X005, so no unit price is required.

i). Signed and dated quote/cover letter with the following information: Solicitation Number, Company name, address, Contractor point of contact, telephone number, e-mail address, Contractor DUNS Number, and Commercial and Government Entity (CAGE) Code.

ii). Signed Standard Form 30, Amendment of Solicitation/Modification of Contract for all amendments, if applicable.

(b) Electronic File II: Past Performance

Past performance information is used in determining the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, recent and relevant contracts.

In order to be compliant with this factor the Offeror shall provide the following:

i) A narrative synopsis that shall describe the Offeror’s background, knowledge and experience related to performing maintenance support services (i.e. preventive & corrective maintenance) on rail guided portal cranes, and has provided Crane Rental Support Services, to include a crane operator, commercially. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in the SOW.

ii) The Offeror must demonstrate through past performance an ability to perform the work described in the solicitation. The Government recommends submission of at least three (3) recent and relevant contracts but will evaluate any and all submitted contract past performance information which demonstrates they have successfully executed contracts of similar scope and magnitude within the past five (5) years. Offerors shall submit past performance information utilizing Attachment 5- Past Performance References. The references will be evaluated in the aggregate in order to allow Offerors who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered relevant if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above.

Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the contract occurred. Recent contracts are defined as any contract under

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which any performance, delivery, or corrective action has occurred within the following time standards: five (5) years prior to this RFQ issuance date, regardless of the award date.

The Government shall only consider relevant past performance data. To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of scope, complexity, technology, magnitude of effort, and schedule.

Offerors shall provide the information for EACH recent and relevant contract it submits for itself or its subcontractor utilizing the form provided in Attachment 5 - Past Performance References. (A copy of Attachment 5 shall be completed for each contract reference.)

The Government recommends that Offerors and subcontractors limit references to those involving its performance as a prime or first tier subcontractor only. If the work was performed as a subcontractor, provide the name of the prime contractor on line 7 and prime contractor POC information on lines 21-23 of Attachment 5.

iii) In a separate narrative, Offerors may describe any quality awards or certifications that indicate technical excellence in the service requested. Examples of such awards or certifications include, the Malcolm Aldridge Quality Award, other Government quality awards, and private sector awards or certifications (e.g., the automobile industries QS 9000, Semitic’s SSQA, or ANS/EIA-599). Indicate what segment of the company (division or entire company) received the award or certification and the date. If the award or certification is over three years old, present evidence the qualifications still apply.

iv) If an Offeror or its subcontractor determines they have no past performance data, they shall provide the following statement in lieu of the information requested above: “(Insert Offeror’s name) has determined that they possess no past performance information in accordance with the solicitation.”

The Government cannot verify or evaluate classified contracts.

(End of Provision)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer meets or exceeds the acceptability standards conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) price and (ii) past performance.

Past performance is equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may

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determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of Provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (Nov 2021) Offerors must complete Representations and Certifications at 52.212-3 in the System for Award Management prior to submission or provide a completed copy with quote submission.

(End of Provision)

FAR 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a hybrid Firm-Fixed Price (FFP) and Time and Materials (T&M) purchase order (bilateral) resulting from this solicitation.

(End of Provision)

Far 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition (Nov 2021)

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

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

(1) The offeror;

(2) Subcontractors; and/or

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

(End of Provision)

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.

(End of Provision)

Attachments:

Attachment 1 – Statement of Work (SOW) Attachment 2 – Wage Determination

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Attachment 3 – Schedule of Supplies/Services (Complete and Return with Quote) Attachment 4 – Preventive Maintenance Task List Attachment 5 - Past Performance References

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021) 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 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-9 Personal Identity Verification Of Contractor Personnel 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 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment 52.209-7 Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law 52.211-17 Delivery of Excess Quantities 52.216-18 Ordering 52.222-55 Minimum Wages Under Executive Order 13658 52.223-6 Drug-Free Workplace 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.228-5 Insurance- Work on a Government Installation 52.229-3 Federal, State, and Local Taxes 52.232-1 Payments 52.232-7 Payments Under Time-And-Materials and Labor-Hour Contracts 52.232-8 Discounts for Prompt Payment 52.232-11 Extras 52.232-17 Interest 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 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

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52.242-13 Bankruptcy 52.243-3 Changes -- Time-and-Materials or Labor-Hours 52.246-4 Inspection of Services – Fixed Price 52.246-6 Inspection – Time-and-Material and Labor-Hour 52.246-16 Responsibility for Supplies 52.247-34 F.O.B. Destination 52.253-1 Computer Generated Forms 252.203-

Requirements Relating to Compensation of Former DoD Officials

252.203-

Requirement to Inform Employees of Whistleblower Rights

252.203-

Representation Relating to Compensation of Former DoD Officials

252.204-

Control of Government Personnel Work Product

252.204-

Compliance with Safeguarding Covered Defense Information Controls

252.204-

Limitations on the Use or Disclosure of Third-Party Contractor Reported by Cyber Incident Information

252.204-

Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-

Notice of Authorized Disclosure of Information for Litigation Support

252.204-

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.209-

Subcontracting With Firms That Are Owned or Controlled By The government of A Country That Is a State Sponsor of Terrorism

252.211-

Item Unique Identification and Valuation

252.223-

Prohibition of Hexavalent Chromium

252.225-

Qualifying Country Sources as Subcontractors

252.225-

Preference for Certain Domestic Commodities

252.225-

Trade Agreements-Basic

252.225-

Export Controlled Items

252.226-

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

252.232-

Electronic Submission of Payment Requests and Receiving Reports

252.232-

Levies on Contract Payments

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252.237-

Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-

Pricing of Contract Modifications

252.243-

Request for Equitable Adjustment

252.244-

Subcontracts for Commercial Items

252.247-

Transportation of Supplies by Sea

52.204-

Contractor Personnel Security

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (Jan 2022) The clause at FAR 52.212-5 and the following addenda are applicable to this acquisition.

52.203-6 Restrictions on Subcontractor Sales to the Government (JUNE 2020), 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 (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

52.219-8 Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

52.219-28 Post Award Small Business Program Representation (Nov 2020) (15 U.S.C. 632(a)(2)).

52.222-3 Convict Labor (Jun 2003) (E.O.11755) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

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

52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793) 52.222-37 Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496) 52.222-50 Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and

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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).

52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price

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

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

(End of Procurement Note)

FAR 52.217-8 – Option To Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days. The option prices for CLINS X001, X002, and X003, if exercised, will be exercised at the current contract rates at the time the option is exercised.

(End of Clause)

FAR 52.217-9 – Option To Extend The Term Of The Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

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FAR 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003

(a) Definition. “Small business concern,” 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.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of Clause)

FAR 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003)

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

(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

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

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(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract 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 toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a non-manufacturer 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 toward the 50 percent subcontract amount that cannot be exceeded;

(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 toward the 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 toward the 75 percent subcontract amount that cannot be exceeded.

(f) 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.

(End of Clause)

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.

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018)

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

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“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

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

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

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

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

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. 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. INVOICE AS 2-IN-1 (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

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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 Not Applicable Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) SB3550 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)

END OF SOLICITATION