CSS SP330025Q0014.pdf

SP3300-25-Q-0014

1. Issuing Office:

DLA Distribution Acquisition Operations (J7)

430 Mifflin Avenue, Suite 3102A

New Cumberland, PA 17070-5008

2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the

Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Subpart 13 Simplified Procedures for Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP3300-25-Q-0014.

3. This Request for Quotation (RFQ) is being issued to establish a Firm-Fixed-Price (FFP) Purchase Order for thirty (30) 3/8” Chick Pneumatic Drills, thirty (30) ¼” NPT Air Powered Nail Guns, and eight (8) Heavy Duty

Pneumatic Strapping Tensioners.

4. The Government intends to award one (1) contract as a result of this RFQ. Any resulting award will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

5. This RFQ is being solicited as a 100% Service-Disabled Veterans Owned Small Business Set-Aside. The North

American Industry Classification System (NAICS) code for this project is 333991, the size standard is 950 employees. The Product or Service Code (PSC) for this acquisition is 5130.

6. The due date and time for submission of questions is 1:00 PM EST on 4 November 2024. Questions shall be submitted by E-mail to the Acquisition Specialist, Steven Lesh at Steven.Lesh@dla.mil, Subject:

SP3300-25-Q-0014 RFQ Question. Answers to questions will be posted on SAM.gov via an amendment to the solicitation.

7. The date and time for submission of quotes is 1:00 PM EST on 7 November 2024. Quotes shall be submitted by E-mail to the Acquisition Specialist, Steven Lesh at Steven.Lesh@dla.mil. The E-mail should include the solicitation number and your company name in the subject line.

8. Delivery Schedule: 30 days ARO

9. Delivery Information:

DLA DISTRIBUTION RED RIVER

BOSS REC OFFICE BLDG 499

10TH STREET AND AVENUE K

TEXARKANA TX 75507-5000

US

Delivery POC: leeann.brewer@dla.mil

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

REGULATION IDENTIFICATION EFFECTIVE DATE UPDATE

Federal Acquisition Circular (FAC) 2024-07 29 August 2024 Federal Register

Defense Federal Acquisition

Regulation Supplement (DFARS)

Publication Notice (DPN)

20240815 15 August 2024 Publication Notices

Defense Logistics Acquisition

Directive (DLAD) Current to

Revision 5 through Procurement

Letter (PROCLTR)

2024-14 23 September 2024 DLAD mailto:Steven.Lesh@dla.mil mailto:Steven.Lesh@dla.mil http://www.federalregister.gov/ https://www.acq.osd.mil/dpap/dars/change_notices.html https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

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/

11. Proof Of Delivery: Acceptable Proof of Delivery documents include: Shipping Documentation; Materials

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

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

• Contract number or original document number

• Delivery order number (as applicable)

• Clin /material number

• Specific quantity shipped in reference to quantity ordered

• Printed name and written signature of a government employee

12. System For Award Management (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM website at http://www.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

Manufacturer:

13. Invoicing and Payment: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS

Clause 252.232-7006.

14. 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.

15. Requirements For Pallets: Material must be shipped on serviceable, winged pallets in accordance with

MD00100452, Revision C, dated 09/2016. Please reference the following link for more information:

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

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

Manual 4140.65-M.

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

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

Additional information can be found at:

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

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

16. 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 http://www.sam.gov/ https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/ https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx 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.

SCHEDULE OF SUPPLIES

FOB DESTINATION SHIPPING SHALL BE INCLUDED IN THE UNIT PRICES.

OFFERORS SHALL QUOTE FIRM FIXED UNIT PRICES FOR ALL CLINS.

CLIN 0001 ‐ Nail Gun, Air Powered 1/4" NPT Air-Powered Nail Gun, Siding; 1/4" NPT Air Inlet; 4.5 cfm Air

Consumption; 80 - 120 psi Air pressure range; 3/8" Minimum Hose Size;

Bottom Exhaust; Sequential/Trigger Firing Mode; No-Mar Tip and Depth Control; Fastening Rate of 5 per second; Coil Collation Style, Plastic;

Standard Round Head Nail Style, 1-1/2" to 2-1/4"; Nail Shank Diameter 0.800" to 0.105"; 300 nail capacity; Similar or equal to Mfg. Paslode, Model 515900, or Grainger Item # 824WM3.

30 EA @ $____________ PER EA = $____________ TOTAL

Manufacturer Name: _____________________________________ (if quoting “or equal” provide spec sheet for approval)

Manufacturer part number: _______________________

Are you able to set your own prices and discounts? Yes ( ) No ( )

Requested delivery lead time is 30 days After Recipte of Order (ARO). If you are unable to meet this delivery lead, time please provide your best possible delivery lead time in days: _________________

CLIN 0002 - Drill, Pneumatic, 3/8" Chuck

3/8" Chuck, Drill; 2,000 RPM; 0.5 hp; Keyless; Reversible; Variable

Speed; 26 CFM Air Consumption; 90 PSI Air Pressure; 94 dB Noise Level;

Trigger throttle; Pistol Grip Handle; 2.8m/sq sec Vibration Level;

Planetary Gear Train; Similar or equal to Ingersoll Rand, Model# 7802RAKC or Grainger Item# 5KB24

30 EA @ $____________ PER EA = $____________ TOTAL

Manufacturer Name Quoted: _____________________________________ (if quoting “or equal” provide spec sheet for approval)

Manufacturer part number Quoted: _______________________ delivery lead, time please provide your best possible delivery lead time: _______________________

CLIN 0003 - Strapping Tensioner Heavy Duty Pneumatic

Strapping Tensioner, Heavy Duty; Fits Strap Tensile .044; Pusher Type Seals; 1,600 lb. Tension Capacity; 50 - 90 PSI Pressure; Steel Material;

3/4" to 1-1/4" Strapping Width; Feedwheel Tensioner Type; Similar or equal to Signode, Model # PN2-114, or Grainer Item# 3XH07

8 EA @ $____________ PER EA = $____________ TOTAL

Manufacturer Name Quoted: _____________________________________ (if quoting “or equal” provide spec sheet for approval)

Manufacturer part number Quoted: _______________________ delivery lead, time please provide your best possible delivery lead time: _______________________

Please ensure that the time frame you enter for delivery is realistic and achievable. Requests for delivery date extensions may only be granted with an economic consideration for the Government.

Initial here to acknowledge ________

TOTAL QUOTED PRICE $_______________

CONTRACT CLAUSES:

ADDENDA TO 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services

(NOV 2023)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-27 Prohibition on a ByteDance Covered Application

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR 52.232-1 Payments

FAR 52.232-8 Discounts for Prompt Payment

FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-1 Disputes

FAR 52.247-34 F.o.b. Destination

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

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.204-7003 Control of Government Personnel Work Product

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

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

DFARS 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by The Government of a

Country That Is a State Sponsor of Terrorism

DFARS 252.223-7008 Prohibition of Hexavalent Chromium

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

DFARS 252.225-7012 Preference for Certain Domestic Commodities

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

DFARS 252.225-7048 Export Controlled Items

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

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

DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.243-7001 Pricing of Contract Modifications

DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

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

Products and Commercial Services (FEB 2024)

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

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

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

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

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

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

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

Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402)

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

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

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

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

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

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

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

52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

52.222-3 Convict Labor (June 2003) (E.O. 11755).

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

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

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

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

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

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

13627).

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

(E.O. 13513).

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

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

(31 U.S.C. 3332).

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

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

(End of Clause)

52.219-6 -- Notice of Total Small Business Set-Aside. (NOV 2020)

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

(b) Applicability. This clause applies only to—

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

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

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

(c) General.

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

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

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

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

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

This notice incorporates provisions and clauses in effect under:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

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

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

(a) Definitions. As used in this clause—

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

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

WorkFlow (WAWF).

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

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

Payment Requests and Receiving Reports.

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

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

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

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

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

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

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

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

Interchange, or File Transfer Protocol.

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

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

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

(ii) For fixed price line items—

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

Contracting Officer.

______INVOICE_____

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

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

_______N/A_________

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

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(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 -- N/A

Ship To Code – SB3213

Ship From Code -- N/A

Mark For Code -- N/A

Service Approver (DoDAAC) -- N/A

Service Acceptor (DoDAAC) – SB3213

Accept at Other DoDAAC -- N/A

LPO DoDAAC -- N/A

DCAA Auditor DoDAAC -- N/A

Other DoDAAC(s) -- N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert

“See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Steven.Lesh@dla.mil (Contracting Officer: Insert applicable information or

“Not applicable.”)

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

(End of clause)

DLAD PROCUREMENT NOTES:

C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2023)

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

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

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

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

Detection and Avoidance Program (CDAP) website

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

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

(End of Procurement Note)

C14 Correction of Nonconforming Packaging or Marking (MAY 2020)

(1) The Government may correct nonconforming packaging or marking for receipts of DLA- owned materiel if the estimated costs of correction are $1,000 or less. The contracting officer will advise the contractor of the discrepancy and that the Government has corrected the packaging or marking. The contracting officer will make a determination concerning appropriate reimbursement by the contractor for the Government’s costs to correct the deficiencies.

Upon determining that reimbursement is required, the contracting officer will send a notice to the contractor. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies.

(2) If the estimated costs of correction for receipts of DLA-owned materiel are more than $1,000, the contracting officer will advise the contractor of the discrepancy and have the materiel returned to the contractor for correction/resubmittal; or, if there are urgent requirements, have the Government remediate the discrepancy at the contractor’s expense. If the Government remediates the discrepancy, the contracting officer will make a determination concerning appropriate reimbursement by the contractor for the Government’s costs to correct the deficiencies. Upon determining that reimbursement is required, the contracting officer will send a notice to the contractor. Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies.

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.

SOLICITATION PROVISIONS:

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

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

Transactions (Sep 2007)

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

Agreements or Statements Representation (Jan 2017)

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

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

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

FAR 52.225-18 Place of Manufacture (Aug 2018)

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

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

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

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

(Nov 2023)

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

DFARS 252.247-7022 Representation of Extent of Transportation by Sea

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

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

Equipment (NOV 2021)

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

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

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

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

(a) Definitions. As used in this provision—

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

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

Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

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

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

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

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

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

(i) For covered equipment—

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

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

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

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

(ii) For covered services—

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

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

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

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

(i) For covered equipment—

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

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

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

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

(ii) For covered services—

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

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

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

(End of provision)

FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a single Firm Fixed Price purchase order resulting from this solicitation.

(End of Provision)

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

DLA Distribution J7 Acquisition Operations, Attn. Donna Kautz, 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 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. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

DLAD 5452.233-9001, Disputes – Agreement to Use Alternate 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.

ADDENDA TO FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services.

(SEP 2023)

ADDENDA TO FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph 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.

The following three (3) paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples

(e) Multiple offers

(h) Multiple awards

Quote Preparation Instructions

1. All quotes must be received by Contract Specialist Steven Lesh electronically via email at steven.lesh@dla.mil, by 7 November 2024 by 1:00 PM Eastern Standard Time. Facsimile and hard copy submissions of quotes will not be accepted. Offerors are reminded of the provision set forth in FAR 52.212-1(f), Instructions to Offerors –

Commercial Products and Commercial Services - Late submissions, modifications, revisions, and withdrawals of offers, that provides that: Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, to reach the Government office designated in the solicitation by the time specified in the solicitation.

2. 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 the preparation of quotes; however, they are not intended to be all inclusive. The instructions generally describe the type and extent of information which should be provided in the quote. The Offeror is expected to completely examine and analyze all aspects of the technical, past performance, and price areas to be addressed, and to include information in the quote which will enable the evaluators to determine the Offeror’s understanding of the requirements in each of the above areas.

3. 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 volume are defined in this table.

The Offeror shall prepare the quote in the English language as set forth below. Quotes shall be submitted as two separate volumes as follows:

Volume Title Page Limitations

I Technical & Past Performance None mailto:steven.lesh@dla.mil

II Pricing None

Volume I – Technical & Past Performance

The Quoter shall provide information (including any descriptive literature and pictures) which demonstrates that the

Quoter clearly and fully understands what is being requested in the schedule of supplies above, on pages 3-4.

The Quoter 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 a Quoter 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 Quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv), Past

Performance Evaluation).

Provide completed certifications and representations located at FAR 52.212-3 or provide a 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.

Provide a signed and dated copy of any amendments to this solicitation, if applicable.

E-File II – PRICING

Quotations may be submitted in contractor format and shall include:

1. Company CAGE code, Company name and address, Point(s) of contact name, telephone number and e-mail address.

2. Schedule of Supplies – Complete the Schedule of Supplies found on pages 3-4 above.

ADDENDA TO FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

1. The Government intends to award one (1) purchase order resulting from this solicitation to the responsive, responsible Quoter whose quote, conforming to this solicitation, will be the most advantageous to the

Government, price and other factors considered using the Lowest Price Technically Acceptable process, with the lowest overall price. To be considered for award, an offer must provide pricing for all items. Award will be made on an all or none basis.

Technical tradeoffs will not be made, and no additional credit will be given for exceeding acceptability. The

Government intends to award without discussions; therefore, the initial offer should contain the Quoter’s best terms from a price and technical standpoint. 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.

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

a. Factor 1: Technical Capability& Past Performance

FACTOR 1: Technical & Past Performance

The following criteria shall be used to establish technical acceptability:

http://www.sam.gov/

(1) The Vendors quote must comply with the requirements of law, regulation, and all conditions set forth in this solicitation.

(2) The Vendor must demonstrate a clear understanding of the requirements of the solicitation. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with a contractors quote.

(3) Vendor shall be a Service-Disabled Veteran Owned Small Business.

(4) Descriptive literature and/or pictures in sufficient detail to allow proper evaluation of the quoted item(s).

(5) Evaluation of recent and relevant past performance will be a subjective assessment based on consideration of all relevant facts and circumstances. The Quoter 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).

(6) Receipt of signed and dated amendment(s) if applicable.

FACTOR 2: Pricing

If a quote has been determined acceptable in accordance with the non-price factors listed above, the Government will then evaluate the quote for the lowest price. The proposed total price will be the determining factor in the selection of a quote for the award.

A written notice of award or acceptance of an quote E-mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party.

Before the Quoter’s specified expiration time, the Government may accept a quote (or part of a quote), 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 Commerical Services

(NOV 2023)

Alternate I (OCT 2014) 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.

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