CSS - SP330023R0006.pdf

CUI

Controlled by: DLA Distribution Controlled by: DLA Distribution J7AB

CUI Category: CONTRACT, PROCURE, SSEL Distribution/Dissemination Control: FEDCON

POC: Brian Keckler, 717-770-8418

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

ACQUISITON OPERATIONS J7

5430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

APRIL 3, 2023

Action Code: Combined Synopsis / Solicitation

Issuing Office:

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

Product Service Code (PSC): 8145

Subject: Wooden Special Packaging Instructions (SPI) shipping containers for DLA Distribution

Solicitation: SP3300-23-R-0006

Closing Response Date: May 17, 2023 1:00 PM EST

Point of Contact:

Mr. Brian Keckler Brian.keckler@dla.mil 717-770-8418

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 the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Part 13.5 Simplified Acquisition Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is SP3300-23-R- 0006.

This combined synopsis / solicitation is being issued to establish a Firm Fixed Priced (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract for Wooden Special Packaging Instructions (SPI) shipping containers for DLA Distribution, primarily for DLA Distribution Warner Robins, GA at Robins Air Force Base (DDWG) and DLA Distribution Corpus Christi (DDCT). The Government intends to award one (1) Indefinite Delivery Indefinite Quantity (IDIQ) contract as a result of this solicitation, which will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

This solicitation is being solicited as a 100% small business set aside. The Product Service Code (PSC) for this acquisition is 8145 and the North American Industry Classification System (NAICS) code is 321920 (Wood Container and Pallet Manufacturing with a size standard of up to 500 employees.

This notice incorporates the provisions and clauses in effect under:

REGULATION

IDENTIFICATION EFFECTIVE

DATE

UPDATE

Federal Acquisition Circular (FAC) 2023-02 14 February 2023 Federal Register Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)

20230131 31 January 2023 Publication Notices

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

2023-04 20 December 2022 DLAD

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

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

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.

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.

Delivery Information: 21 – 60 days after receipt of order; partial deliveries are allowed and encouraged to keep proper stock on hand.

Schedule of Supplies: The attached Schedule of Supplies provide annual estimates only. Actuals will be placed on delivery orders as demand occurs.

Minimum and Maximum Quantities: As referred to in paragraph (b) of the clause at FAR 52.216-22 entitled “Indefinite Quantity”, the minimum value of supplies $142,716.60 (for the entire contract). The maximum value of the supplies is $1,100,00.00.

SHIP TO ADDRESS:

Addresses will be supplied per task order.

For pricing purposes, most task orders will go to the following addresses:

Location 1:

SB3525

DLA Distribution Warner Robins, GA BOOS Material 455 Byron Street, Bldg. 376 Robins AFB, GA 31098-1887

Location 2:

SB3214

DLA Distribution Corpus Christi, TX BOSS Rec Office 540 First Street SE, Bldg. 1846 Corpus Christi, TX 78419-5255

Packing and Marking Requirements - All products shall be packaged best commercial practice in accordance with ASTM 3951. All shipments must contain proper shipping documentation. Contractor shall attach, in a water-resistant envelope, to the exterior shipping container a commercial packing list.

All documents must include at a minimum, contract number and document number for the item, stock number, quantity, and unit of issue. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

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

• CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER

• DELIVERY ORDER NUMBER (as applicable)

• CLIN /MATERIAL NUMBER

• SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

• PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

Questions: Questions regarding this solicitation shall be submitted by electronic mail to the Contracting Specialist, Brian Keckler, at the following email address: brian.keckler@dla.mil with the following Subject: SP3300-23-R-0006 Question. Question(s) must be received before 4:30 P.M. EST, 10 May 2023.

Questions received after the due date are not required to be answered by the Government. Answers to questions will be posted as an amendment to the solicitation, which can be found on sam.gov.

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

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

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

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.

(End of clause)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR 52.216-18 – Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract for a 1-year ordering period, plus an additional 1-year ordering period if the option is exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

FAR 52.216-19 -- Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $500,000.00.

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within one (1) day that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) day after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-22 -- Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after period of performance completion date for Base Period of Performance; or Option Periods – if exercised.

(End of Clause)

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 extention of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the upcoming period of performance.

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years, 6 months.

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

(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 Per task order

Ship To Code Per task order

Ship From Code Not Applicable

Mark For Code Per task order

Service Approver (DoDAAC) Not Applicable

Service Acceptor (DoDAAC) Per task order

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.

SCHEDULE OF SERVICES (Attachment 1)

Offerors shall complete Attachment 1 – Schedule of Supplies spreadsheet; fill in unit prices for years one and two. The unit prices shall not be carried out past two decimal points. Offerors shall quote Firm

Fixed unit prices for all (43) Contract Line Items number (CLINs). All unit prices should be quoted as FOB DESTINATION pricing.

SPECIAL PACKAGING INSTRUCTIONS (Attachment 2)

The Contractor shall provide all supplies as ordered IAW the exact specifications on the Supplies Item List.

All wooden SPI containers orders shall be accompanied by the most recent Air Force SPI revision drawings.

The ordering entity will access and supply current SPI drawing(s). Reference AIR FORCE SPI repository website, SPIRES https://lts.cce.af.mil/SPIRES/ for most recent revision (authorized official access only).

Any changes in drawing revisions that direct any associated container construction and cost changes may be negotiated. All materials used in SPI construction must be IAW the exact specifications as designated on the SPI drawing.

STATEMENT OF WORK (Attachment 3)

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

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

Transactions 52.203-18 Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation 52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-20 Predecessor of Offeror 52.204-22 Alternative Line Item Proposal 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment 52.209-2 Prohibition on contracting with inverted domestic corporations— representation 52.222-25 Affirmative action compliance 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-

Representation 52.225-18 Place of Manufacturer 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications 252.203-7005 Representation relating to compensation of former DOD officials 252.204-7008 Compliance with safeguarding covered defense information controls 252.204-7016 Covered Defense Telecommunications Equipment or Services—

Representation.

252.204-7017 Prohibition on Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations 252.225-7020 Trade agreements - Certificate 252.247-7022 Representation of Extent of Transportation by Sea

The Following Provisions are Incorporated by Full Text:

FAR 52.209-7 -- Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

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)

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates awarding a single, Firm Fixed Price IDIQ resulting from this solicitation.

(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)

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 (MAR 2023) The provision at 52.212-1 and the following addenda are applicable to this acquisition.

FAR 52.212-1 Addenda

(1) Paragraph (c) of 52.212-1 is tailored to read as follows: (c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 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: brian.keckler@dla.mil, Subject: SP3300-

23-R-0006 Quote – “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 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.

Instructions contained herein are to serve as a guide in preparation of quote; however, they are not intended to be all inclusive. The instructions generally describe the type and extent of information which should be provided in the quote. The offeror is expected to completely examine and analyze all aspects of the quote to include information in the quote which will enable the evaluators to determine the offeror’s understanding of the solicitation requirements.

Provide completed Attachment 1 - Schedule of Services.

(7) Organization/Number of Copies/Page Limits. The Offeror shall prepare the quote as set forth in the table below. The titles and contents and number of copies required for each file are defined in this table. Quotes shall be submitted as THREE (3) separate electronic files (E-FILES) as follows:

E-FILE TITLE PAGE LIMITATIONS

I Technical Capability 50 II Past Performance 25 III Pricing None

(8) E-FILE I – Technical Capability - The Government shall evaluate the offeror’s Technical Capability to determine acceptability of the offeror/ quote. Technical Capability will be evaluated on an acceptable/unacceptable basis.

The Offeror shall provide:

a. The Offeror’s quote shall comply with all requirements of law, regulation, and all conditions set forth in this solicitation.

b. The Offeror must address and demonstrate a clear understanding of the requirements of the Supplies Item List, and their ability to correctly manufacture without defect, all required shipping containers according to specifications, accompanying the solicitation. The Offeror should address the

1) Equipment listing and capabilities

2) Staffing

3) Manufacturing location

4) Safety training

5) Material procurement methods

c. The Offeror must clearly address and demonstrate its ability to process Government delivery orders and meet required contract delivery timeframes. The Offeror must address proper shipping methods and transportation parameters requirements of all required shipping containers shown on the Supplies Item List.

d. The Offeror must clearly address and demonstrate their quality control plan at each of their manufacturing location(s) used to manufacture and ship all required shipping containers shown on the Supplies Item List during proposed periods performance. The Offeror must address their contingency plans to ensure on-time deliveries. The Offeror must address remediation and correction of any container defects.

e. The Offeror must clearly address and demonstrate their knowledge of each of the following:

1) ASTM (American Society of Testing and Materials)

2) ANSI (American National Standards Institute)

3) ISPM-15 (International Standards for Phytosanitary Measures, No. 15)

4) ALSC (American Lumber Standards Committee)

5) MIL-STD 2073

6) MIL-PRF (As Required).

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

(9) E-FILE II – Past Performance

a. The Offeror should submit three (3) recent (within 5 years of solicitation issuance) and relevant (like size, scope, magnitude, and complexity) past performance contract references that include a point of contact, value of the contract, and summary of the effort.

b. In the case of an Offeror without a record of recent and relevant past performance, or for whom information on past performance is not available, or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance.

c. Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”. Should the Government discover adverse past performance information to which the Offeror had not had a prior opportunity to respond, the Contracting Officer will conduct communications if deemed appropriate.

(10) E-FILE III – Pricing

A valid offer shall include the following:

a. Company CAGE code, Company name, address, Point(s) of contact name(s), telephone number(s) and e-mail address(es), and the Solicitation number.

b. A quote Pricing Attachment shall be completed and attached to show pricing for the base performance year and one (1) optional performance period.

c. Completed certifications and representations located at FAR 52.212-3 of the RFQ OR Offeror statement indicating that said certifications and representations are current and located in the System for Award Management (SAM) database at http://www.sam.gov. Failure to include the certifications along with the quotation or to complete the certifications on the internet may result in elimination from consideration for award.

d. Signed Standard Form 30 for all amendments, if applicable.

Note: Price analysis shall not be conducted on offers or Offerors determined to have unacceptable Technical Capability or Past Performance.

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

(a) The Government intends to award one (1) IDIQ contract resulting from this solicitation to the responsive, responsible Offeror whose offer, conforming to this solicitation, will be the most advantageous to the Government, price and other factors considered using the Lowest Technically Acceptable Price process, with the lowest overall price for ALL CLINs. To be considered for award, an offer must be provided for all CLINS. Award will be made on all or none basis. Technical tradeoffs will not be made, and no additional credit will be given for exceeding acceptability.

The Government will evaluate the proposed estimated total price between offers that are determined to be technically acceptable. The Government intends to make an award based on the initial quote received; therefore, the initial offer should contain the Offeror’s best terms from a price and technical standpoint. Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award.

(b) 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, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(c) Quotes shall be evaluated for acceptability or unacceptability only and shall not be rated. Any Offeror who has submitted a technically acceptable quote and who has been found to have an acceptable past performance WILL THEN have the quote evaluated for lowest price.

(d) This solicitation is not being conducted using FAR Part 15 procedures. The award decision process is being conducted under FAR Subpart 12.6 and FAR Subpart 13.5. IAW FAR 13.106- 2(b)(3), the Government does not intend to conduct discussions but reserves the right to hold discussions if deemed necessary by the Contracting Officer. The Government reserves the right to seek clarifications, i.e., "limited exchanges" between the Government and interested bidders that may allow bidders to clarify certain aspects of their quote or to resolve minor or clerical errors.

(e) If the Contracting Officer does determine it is in the Government’s best interest to conduct communications with Offerors, and a contractor is given an opportunity to correct any minor deficiencies or inconsistencies in a quote, such as obvious mathematical errors, and after correction the quote is still determined to be unacceptable, such determinations will be cause for rejection of the quote. No Offeror will be given an unlimited number of opportunities for correction of a quote.

(f) The Government reserves the right to make a final determination whether a quote is acceptable or unacceptable solely based on the information submitted and proceed without requesting additional information.

(g) Non-price factors shall be evaluated on an Acceptable/Unacceptable basis. To be considered acceptable and eligible for award, an Offeror must address separately all the factors set forth in accordance with the instructions of this solicitation.

(h) A major item and/or gross omission which precludes meeting solicitation objectives that cannot be corrected prior to or during communications without major revision or complete resubmission of the quote will cause a quote to be found technically unacceptable.

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

a. Factor 1: Technical Capability

b. Factor 2: Past Performance

FACTOR 1: Technical Capability

To be Technically Acceptable:

a. The Offeror’s quote shall comply with all requirements of law, regulation, and all conditions set forth in this solicitation.

b. The Offeror must address and demonstrate a clear understanding of the requirements of the Supplies Item List, and their ability to correctly manufacture without defect, all required shipping containers according to specifications, accompanying the solicitation. The Offeror should address the

1) Equipment listing and capabilities

2) Staffing

3) Manufacturing location

4) Safety training

5) Material procurement methods

c. The Offeror must clearly address and demonstrate its ability to process Government delivery orders and meet required contract delivery timeframes. The Offeror must address proper shipping methods and transportation parameters requirements of all required shipping containers shown on the Supplies Item List.

d. The Offeror must clearly address and demonstrate their quality control plan at each of their manufacturing location(s) used to manufacture and ship all required shipping containers shown on the Supplies Item List during proposed periods performance. The Offeror must address their contingency plans to ensure on-time deliveries. The Offeror must address remediation and correction of any container defects.

e. The Offeror must clearly address and demonstrate their knowledge of each of the following:

1) ASTM (American Society of Testing and Materials)

2) ANSI (American National Standards Institute)

3) ISPM-15 (International Standards for Phytosanitary Measures, No. 15)

4) ALSC (American Lumber Standards Committee)

5) MIL-STD 2073

6) MIL-PRF (As Required).

Failure to provide a complete, detailed, realistic, and reasonable offer may reflect a lack of understanding of the requirements or a lack of technical certification, knowledge, and abilities. This may result in a determination that the Offeror’s quote is Unacceptable. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an Offeror’s quote.

FACTOR 2: Past Performance

Evaluation of recent and relevant past performance will be a subjective assessment based on consideration of all relevant facts and circumstances. The Offeror should submit three (3) recent (within 5 years of solicitation issuance) and relevant (like size, scope, magnitude, and complexity) past performance contract references that include a point of contact, value of the contract, and summary of the effort.

In addition to reviewing the submitted references and contacting provided POCs, the Offeror will be evaluated on their past performance record and any other relevant information obtained from available sources which may include: Contractor Performance Assessment Reporting System (CPARS), Supplier Performance Rating System (SPRS), Electronic Subcontract Reporting System (eSRS), Federal Awardee Performance and Integrity Information System (FAPIIS),or other databases, as well as interviews with Program Managers/Customers, Contracting Officers, or Contracting Officer Representatives (CORs).

In the case of an Offeror without a record of recent and relevant past performance, or for whom information on past performance is not available, or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv), Past Performance Evaluation). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”. Should the Government discover adverse past performance information to which the Offeror had not had a prior opportunity to respond, the Contracting Officer will conduct communications if deemed appropriate.

FACTOR 3: Price

If a quote has been determined acceptable under each of the non-price factors listed above, the Government will then evaluate the quote for the lowest price.

The proposed lowest total price (the sum of the total amount for all CLINS) between offers that are determined to be technically acceptable will be the determining factor in the selection of a quote for award. Government will perform a price analysis to determine the reasonableness of proposed price in accordance with FAR 15.404-1(b). The Government will utilize a comparison of proposed prices received in response to the solicitation.

a. Award will be based on the overall lowest priced quote that meets or exceeds the acceptability standards for the non-cost factors.

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, whether 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 (DEC 2022) Offerors must complete Representations and Certifications at 52.212-3 in the System for Award Management prior to submission or provide a completed copy with quote submission.

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

(DEC 2022)

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

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 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.209-7 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 52.216-22 Indefinite Quantity 52.223-6 Drug-Free Workplace 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.229-3 Federal, State, and Local Taxes 52.232-1 Payments 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 52.242-13 Bankruptcy 52.246-2 Inspection of Supplies – Fixed Price 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 252.204-7003 Control of Government Personnel Work Product 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 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 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

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders – Commercial Items (MAR 2023) 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).

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

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

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

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and

(3)).

52.219-14 Limitations on Subcontracting (Feb 2023) (Deviation 2021-O0008) 52.219-28 Post Award Small Business Program Representation (OCT 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 2022) 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 (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.232-33 Payment by Electronic Funds Transfer--System for Award…