CSS SP330022Q0053.docx

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DDSP Fire Truck, Apparatus, and Equipment Maintenance
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SP330022Q0053
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This solicitation requests quotes for a hybrid firm-fixed-price and time-and-materials contract to provide preventative and remedial maintenance services for fire department trucks, equipment, and apparatus located at the Defense Logistics Agency Distribution facility in Susquehanna, Pennsylvania. Quotes are due by May 6, 2022 with the period of performance expected to be from July 1, 2022 through June 30, 2025. Scheduled preventative maintenance line items will be firm-fixed-price while unscheduled corrective maintenance and travel time line items will be time-and-materials. The contractor must be located within 30 miles of the DLA facility. This requirement is set aside for small businesses and subject to service contract labor standards.

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CUI

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

ACQUISITON OPERATIONS J7

430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

APRIL 05, 2022

Action Code: Combined Synopsis / Solicitation

Issuing Office:

DLA Distribution Acquisition Operations J7 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

Product Service Code (PSC): J041 Other Electronic and Precision Equipment Repair and Maintenance

Subject: Firetruck Apparatus and Equipment Maintenance, DLA Distribution Susquehanna PA

Solicitation: SP3300-22-Q-0053

Closing Response Date: Friday, May 6, 2022, 0900 EST

Point of Contact:

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

Contracting Officer:

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

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; proposals 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-0053.

Controlled by: _______________________________ CUI Category: _______________________________ Distribution/Dissemination Controls: _____________

POC: _______________________________

This notice incorporates the provisions and clauses in effect under:

Regulation
Identification
Effective Date
Federal Acquisition Circular (FAC)
2022-05
07 MAR 2022
Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)
20220228
28 FEB 2022
Defense Logistics Acquisition Directive (DLAD) Current Revision 5 through Procurement Letter (PROCLTR)
2022-04
31 JAN 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 Preventative and Remedial Maintenance services for Government owned Fire Department trucks, equipment and apparatus located at DLA Distribution, Susquehanna, PA. 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.

IMPORTANT NOTE: DLA Distribution Susquehanna requires these services to be provided by a contractor who is physically located no further than 30 miles one-way from DLA Distribution Susquehanna, New Cumberland, PA 17070.

Set-aside Status: This solicitation is being solicited for unrestricted competition. The North American Industry Classification System (NAICS) code for this project is 811219 and the size standard is $22,000,000.00. The PSC Code for this procurement is J041 – Other Electronic and Precision Equipment Repair and Maintenance.

Period of Performance shall be on or about as follows:

Base Year: July 1, 2022 through June 30, 2023 Option Year 1: July 1, 2023 through June 30, 2024 Option Year 2: July 1, 2024 through June 30, 2025

This requirement is subject to the Service Contract Act. Wage Determination No. 2015-4245 Revision No. 16 dated 12/27/2021, provided as Attachment 8.

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 = $25.61/hour – $27.27hour

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.

Contract Pricing: Complete Attachment -1 Schedule of supplies and Services as follows:

Contract Line Items 0001-0011, 1001-1011, and 2001-2011 -Scheduled Preventive Maintenance (Quarterly, Semi-Annual and Annual), vendors shall quote on a Firm Fixed Price basis.

Contract Line Items 0012/1012/2012 and 0014/1014/2014 -Unscheduled Corrective Maintenance and Travel Time, respectively are time and material CLINs. Firm Fixed Hourly Labor Rates to perform (Ceiling Price/ Not to Exceed estimated amount) and for Transportation costs for equipment requiring service and/or repairs. 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. Offerors shall quote

Contract Line Items 0013/1013/2013 - Replacement Parts for Equipment Repairs (line items on the attached Schedule of Supplies/Services) vendors shall not quote on this price; as a level of funding will be provided by the Government on a Ceiling/Not-to-Exceed basis for this purpose. The price charged to the Government for a purchased part under this CLIN 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.

Unit of Issue:

YR= Year HR = Hour Q1 = Quarterly UN= Unit EA = Each

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.

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 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-0053 Solicitation Question(s). Question(s) must be received by 3:00 p.m. Eastern Time on April 26, 2022. Answers to questions will be posted to the www.SAM.Ggov website via an amendment to the solicitation.

Attachments:

Attachment 1- Schedule of Supplies and Services Attachment 2- Equipment List Attachment 3- DES-SP Fire Dept TruckME Attachment 4- DES-SP Fire Dept Mako Preventative Equipment Task List Attachment 5- Ingersoll-Rand Cyclone System PM Tasking Attachment 6- AMKUS PM Tasking Attachment 7- Pierce Maint Task List Attachment 8- Wage Determination

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.

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.

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.

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.

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)

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services 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-0053 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”

Offers shall be submitted by electronic mail to the Acquisition Specialist, edward.ruud@dla.mil, Subject: SP3300-22-Q-0053 Solicitation Quote Offer(s) must be received by 9:00 a.m. Eastern Time on May 6, 2022.

(End of Provision)

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services

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

The Offeror’s place of performance must be physically located no further than thirty (30) miles one-way from DLA Distribution Susquehanna, New Cumberland, PA 17070.

Delivery and past performance when combined are 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 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.

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services 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) contract resulting from this solicitation.

Far 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial 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.

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
52.223-6
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
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
252.203-7000
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
252.204-7009
Limitations on the Use or Disclosure of Third-Party Contractor Reported by Cyber Incident Information
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
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The government of A Country That Is a State Sponsor of Terrorism
252.211-7003
Item Unique Identification and Valuation
252.223-7008
Prohibition of Hexavalent Chromium
252.225-7002
Qualifying Country Sources as Subcontractors
252.225-7012
Preference for Certain Domestic Commodities
252.225-7021
Trade Agreements-Basic
252.225-7048
Export Controlled Items
252.226-7001
Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
252.227-7001
Buy American Act Balance of Payments Program
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
252.232-7010
Levies on Contract Payments
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
252.243-7001
Pricing of Contract Modifications
252.243-7002
Request for Equitable Adjustment
252.244-7000
Subcontracts for Commercial Items
252.247-7023
Transportation of Supplies by Sea
52.204-9000
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).
52.219-28
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 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 at any time prior to contract term expiration. The option prices for the CLINs extended 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.

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.

(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.

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

430 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.

(End of clause)

DFARS 252.211-7003 Item unique identification and valuation

(a) Definitions. As used in this clause—

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

Data matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid__equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg__Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii__types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract line, subline, or exhibit line item No. X013

Item description Any Parts Valued at over $5,000.00

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract line, subline, or exhibit line item No.

Item description

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number __.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number __.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology—International symbology specification—Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology—EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology—EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) __, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

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.

“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 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 SOLICITATION

SP3300-22-Q-0053

CUI

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File details come from the government source that posted it. Updated .