Final Solicitation N0018923R0038.pdf

SEE ADDENDUM

(No Collect Calls)

N0018923R0038 07-Jun-2023

b. TELEPHONE NUMBER

757-443-1334

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 07 Jul 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001899. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CODY S. WITZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1301053896

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: C WITZ

1968 GILBERT STREET STE 600

NORFOLK VA 23511-3392

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-443-1334 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

339999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF67

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0018923R0038

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

In consideration for the contractor providing the supplies and services set forth in the Performance Work Statement (PWS) provided below, Naval Supply Systems Command Fleet Logistics Center Norfolk (NAVSUP FLC Norfolk) will provide the site in which the contractor will operate as listed herein. The Government does not provide funding for the logistics services or any labor associated with the procurement, shipping, and distribution of the brand name commercial items.

The contractor further acknowledges that any and all risk of loss for any contractor-owned and/or leased materials, inventory, furnishings, fixtures, equipment, and supplies is the sole responsibility of the contractor.

1. SCOPE OF WORK: This requirement is to acquire brand name commercial items intended for resale as required by Navy Exchange Service Command (NEXCOM) Ships Store Program. The NEXCOM Ships Store Program is designed to provide the stores on Navy ships with the quality of life products for sailors at sea. Under the Ships Store Program, brand name commercial items are purchased by NEXCOM and placed in the Ships Store inventory for resale to the crew. The Government requires a contractor to furnish all supplies, parts, and equipment needed to acquire and ship the items. The items must be supplied to the following zones:

Zone Areas Delivery Time

B San Diego, California 3 Days C Pacific Northwest 8 Days D Hawaii 17 Days G Norfolk, Virginia 3 Days H Export 4 Days I Mayport, Florida 5 Days

I* Diego Garcia Per DGAR Voyage Schedule

1.1. SHIPPING: Items are to be shipped to address(es) per each individual delivery order. All transportation charges for the articles to be furnished shall be paid by the contractor. Offers submitted on a basis other than F.O.B.

destination will be rejected as nonresponsive.

1.2. BRAND NAME SPECIFIED MANDATORY: Parts or components described herein by reference to a manufacturer’s name and/or part number and nomenclature shall be furnished in strict accordance with the manufacturer’s published data relating to said supplies except to the extent otherwise specified in this contract.

Complete interchangeability of parts with original equipment is mandatory. The contractor warrants that the items/parts to be delivered hereunder will be the specific manufacturer’s name and/or part number(s) and the supplier specified.

1.3. Items within the catalog proposed and incorporated at the time of award are determined to be the scope of the contract. Catalog shall be updated and/or refreshed quarterly. Items in addition to those proposed in the contractor’s original catalog incorporated at the time of award may be added for sale provided that they are within the scope defined in the PWS. Any new items, with the exception of updated versions or models of existing items, must be reviewed by the Contracting Officer prior to being added to the contractor’s catalog. Any changes will be incorporated in accordance with the Changes clause of the contract. Only items found in the contractor’s incorporated catalog shall be offered for resale; sales of non-cataloged items are unauthorized.

1.4. The commercial price list/catalog incorporated into the contract provides the brand name, type and size of packaging, shall remain firm for the full ordering period of this contract. No product changes or substitutions will be permitted unless completed in accordance with PWS Section 1.3.

1.4.1. If, subsequent to award, Non-conforming products are shipped in disregard of this requirement, they will be returned at the Contractor's expense, except that if a product is urgently required or return is not practical, the

Government may, solely at its discretion, elect to accept non-conforming products. Payment for any non-conforming products accepted shall not exceed the unit prices as stated in this contract, and acceptance thereof shall not constitute a waiver of the requirement to supply contract specified products.

1.4.2. If, subsequent to award, the Contractor intends to discontinue commercial production of a product required under this contract, the Contractor will be expected to stock a sufficient inventory of the product to meet all contract requirements, including the estimated quantities stated in this section. Nothing in this paragraph is intended to restrict the Government's rights under FAR clause 52.212-4(a), Contracts Terms and Conditions--Commercial Items.

2. PRICING: This contract requires the contractor to supply items as specified in orders placed in accordance with the ordering provisions within this contract. The established fixed unit prices incorporated at the time of award shall be the basis for the future pricing. The term “established prices” means prices that are established manufacturer’s price list/catalog or market prices for commercial items sold in substantial quantities to the general public.

2.1. In order to ensure the NEXCOM Ships Store Program can meet customer demand for new items, in their submissions the Contractor may include a valid manufacturer’s price list/catalog and the “catalog” information requested above for items not listed in the Contractor’s current catalog pricing sheets incorporated by reference in this contract.

2.2. When a product’s unit price is increased or decreased, price changes to the contractor’s catalog will be addressed in accordance with FAR clause 52.216-2, Economic Price Adjustment—Standard Supplies and Section

2.4. The Contracting Officer’s Representative (COR) will determine if each item is appropriate for resale by the Ships Store Program under this contract and if the offered price is less than or equal to the item price shown in a valid manufacturer’s price list/catalog. If the price meets these criteria, the Contracting Officer will add each item and its associated unit prices to Contractor’s catalog pricing sheets via contract modification.

2.3. The Contractor shall submit a Microsoft Office compatible (Excel) electronic “catalog” that includes data in the same format as their initial catalog pricing sheets incorporated by reference in the basic contract for proposed changes in unit prices no more than once a month. Any proposed price changes or product additions shall be highlighted in yellow to clearly identify the proposed changes and additions. Product deletions shall be highlighted in red to clearly identify anticipated products for removal.

2.4 A product's unit price in effect on the contract award date shall be the "original contract unit price" for that product. Notwithstanding anything to the contrary herein, the aggregate of the increases in a product's unit price shall not exceed 10% of that product's original contract unit price. A product's unit price in effect as of the date of the exercise of any option under this contract shall remain in effect during the duration of that option period, unless changed in accordance with Sections 2.2-2.4 of this PWS.

2.5 The Contractor shall provide the basis for the price increase or decrease in its written notification. The Contractor shall provide all documentation supporting the price change for each item, including, but not limited to, updated versions of the incorporated catalogs showing each items new price.

2.6 QUARTERLY REPORTS: Quarterly Usage Reports must be provided no later than 30 days after the end of each quarter. Specific due dates shall be determined at time of award.

3. PERIOD OF PERFORMANCE: The Government anticipates the period of performance to include one 12 month base period and four 12 month options with an additional option for six-month’s pursuant to FAR 52.217-8, to be exercised at the Governments discretion. Specific dates shall be determined at time of award.

4. PROHIBITED PACKING MATERIALS: The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material.

Loose fill polystyrene is prohibited for shipboard use.

5. DELIVERY: Contractor shall, at all times, have a backup driver for deliveries to all secured bases. Specific locations will be provided at time of award.

6. MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required.

(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows:

1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or part number when neither NSN nor FSN are available.

2. Noun nomenclature cited on contract or order.

3. Quantity and unit of issue.

4. Contract, or order number.

5. From: <Distributor Name>

<Distributor Address>

6. To: (See delivery address on page 1 or in Section F)

(iii) Markings may be applied by any means which provide legibility.

ADDENDUM TO 52.212-1

ADDENDUM TO FAR 52.212-1 ENTITLED “INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS”

The Government will award a commercial firm-fixed price with economic price adjustment indefinite-delivery requirements type contract award as a result of this solicitation and in accordance with the policies and procedures of FAR Part 15, contracting by Negotiation and FAR Subpart 16.5, Indefinite-Delivery Contracts. Award will be made to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government under the selection criteria set forth in the solicitation by utilizing the Lowest Price Technically Acceptable (LPTA) Source Selection process. The proposal shall be in the form prescribed by, and shall contain a response to each of the areas identified in the Addendum to FAR 52.212-1, Instructions to Offerors, of the solicitation. Therefore, the initial proposal should contain the offeror’s best terms from Technical and Price.

INSTRUCTIONS FOR SUBMISSIONS OF PROPOSALS:

I. GENERAL

1) Offerors shall respond to all requirements of the solicitation document. Offerors are cautioned not to alter the solicitation. Hand-carried proposals are not authorized and will not be accepted. Each page of each copy shall be affixed with the following legend:

Source Selection Information - See FAR 2.101 and 3.104

2) In the event any person who is not a bona fide employee of the offeror participated in the creation, formulation or writing of any portion of the proposal, a certificate to this effect shall be included in the proposal which shall be signed by an officer of the offeror. Such certificates shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the offeror, and the portion of the proposal in which the person participated.

3) QUESTIONS: In order to ensure that all questions submitted by potential offerors are answered prior to the solicitation closing date, questions concerning the solicitation should be submitted via email to the to the Contract Specialist, Cody Witz, at cody.s.witz.civ@us.navy.mil and the Contracting Officer, Arianna

Williams, at arianna.m.williams2.civ@us.navy.mil NO LATER THAN 11:00 AM, Eastern Standard Time (EST), on 16 June 2023. The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible.

4) Proposals shall be submitted via email to Cody Witz at cody.s.witz.civ@us.navy.mil and Arianna Williams, at arianna.m.williams2.civ@us.navy.mil no later than 11:00 AM, Eastern Standard Time (EST) on 07 July 2023. Offerors shall comply with the detailed instructions for the format and content of the proposal contained herein; proposals that do not comply may be considered unacceptable and may render the proposal ineligible for award.

II. REQUIREMENTS FOR PROPOSAL FORMAT:

(1) Introduction and Purpose: This section specifies the format that offerors shall use in this Request for

Proposal (RFP). The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

(2) Each volume should contain the following items in addition to the other information required by this solicitation:

Cover: The cover should indicate the following:

Title of the Proposal Volume Number (I or II) Request for Proposal (RFP) Number Name and Address of offeror, Point of Contact Information (Name, Phone Number, Email

Address), Cage Code, DUNS and applicable Tax I.D. Number (TIN) Proposal validity period for 180 days from solicitation closing

(3) Requirements for Style: Each offeror shall submit a proposal that clearly and concisely describes and defines the contractor’s response to the requirements contained in the RFP. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective proposal are not desired.

(4) Proposal Page Limitations:

Title Proposal Quantities Page Limit Volume I: Factor I –Technical Acceptability 1 Electronic Submission 10 Pages

Volume II: Factor II - Price Proposal 1 Electronic Submission No Limit

These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics.

Graphics (including tables) in the proposal may use an alternative font with 8-point size type or larger. Each “page” is defined as one sheet, 8 ½" x 11", with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font). Lines shall, at a minimum, be single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The offeror is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, compliance matrix, table of contents, tabs, and dividers. Pages submitted in excess of the page limitations described within will not be evaluated.

The Price Proposal is not page limited; however, the Price Proposal is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the proposal.

III. PROPOSAL CONTENT

Volume I – Non-Price Proposal

Factor I: Technical Submission

Offerors shall provide a technical submission that demonstrates a complete understanding of and the capability to provide ALL supplies detailed in the PWS and supply list attachment.

The offeror shall provide signed proof/verification that they have the required certification from the manufacturer to resell conforming brand name supplies as identified in the PWS. The proof/verification shall be in the form of any electronic documentation that proves Vendor’s ability to resell conforming required supplies. Additionally, the offeror shall demonstrate that they have the appropriate resources and ability to ship conforming brand name items to all seven (7) zones identified in the PWS.

The proof/verification shall also include the following: Company’s Name, manufacturer logo, Name and Title of manufacture signee.

Factor II: Small Business Sub-contracting Plan (for other-than-small-businesses only)

Each offeror that is not a small business shall provide a Small Business Subcontracting Plan that contains all elements required by FAR clause 52.219-9 Alt II (Deviation), and as supplemented by DFARS clause 252.219- 7003, by the closing date and time of this solicitation. The small business subcontracting plan is not an evaluation factor and will not be evaluated as part of the formal source selection process. The Small Business Subcontracting Plan must be determined to be acceptable by the contracting officer in order for the offeror to be eligible for contract award in accordance with FAR 19.702(a)(1). If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award. If the contracting officer accepts the Small Business Subcontracting Plan, it will become part of the contract. Offerors are permitted to submit a master subcontracting plan as long as it is created in accordance with FAR 19.701 and FAR 19.704(b). Small Business Subcontracting Plans are not required from offerors that qualify as small business concerns under NAICS code 339999 with a size standard of 550 employees. It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable. For other-than-small prime contractors, the Small Business Subcontracting Plan goals shall be expressed in terms of whole dollars and percentages based on total planned subcontracting dollars. Of the total planned subcontracting dollars, the Small Business Subcontracting Plan shall include goals for small businesses, small disadvantaged businesses, woman-owned small businesses, HUBZone small businesses, veteran-owned small businesses, and service-disabled veteran-owned small businesses. The Government will consider prior achievement of small business subcontracting plan goals as well as the proposed dollar values and percentages related to this solicitation.

Volume II: Price Proposal

1. Factor III: Price

This volume shall include completed solicitation documents and additional supporting documentation described below:

A complete and signed SF1449 (Solicitation/Contract/Order for Commercial items) and executed copy of Amendments, if applicable, completed by the offeror;

A completed and signed Pricing Spreadsheet included as Attachment 01 to the solicitation.

A completed and signed Page 1 of the solicitation and a completed and signed Page 1 of any amendments.

Unless completed in SAM, RFP, Representations, Certifications and Other Statements of Offerors completed by the offeror.

The completion and submission of the above items will constitute a proposal and will indicate the offeror’s unconditional assent to the terms and conditions of this RFP and any attachments and/or exhibits hereto. All price and price supporting information shall be contained in the Price Proposal. No price or pricing information shall be included in any other volume, including cover letters. Offerors are responsible for submitting sufficient information to enable the Government to fully evaluate their price proposal.

Offerors responding to this solicitation are advised that, prior to award, the Government may request offerors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price lists with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted proposal

ADDENDUM TO 52.212-2

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL ITEMS:

The Government will award a commercial firm-fixed price with economic price adjustment indefinite-delivery requirements type contract as a result of this solicitation and in accordance with the policies and procedures of FAR Part 15, Contracting by Negotiation and FAR Subpart 16.5, Indefinite-Delivery Contracts. Award will be made to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate proposals: Technical and Price.

The Government will utilize a Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15 and FAR Subpart 16.5.

The Government intends to award a contract without discussions. The establishment of a competitive range is not anticipated. Accordingly, each offeror should submit its most favorable terms from a technical and price standpoint.

However, the Government reserves the right to establish a competitive range and conduct discussions if later determined by the PCO to be necessary. The Government reserves the right to award a firm fixed price award to other than the lowest priced offeror; award a firm, fixed-priced contract without discussions; or award a firm, fixed-priced contract after discussions, whichever is in the best interest of the Government.

The Government will conduct a Lowest Price Technically Acceptable (LPTA) source selection. To determine LPTA, the Government will place all proposals in order of lowest total price to highest total price. Award will be made to the lowest priced proposal found to be Acceptable with respect to Technical and Price. The selection of a proposal for award will be conducted in two phases:

Phase I will consist of the evaluation of Factor I – Technical. If the offeror receives a rating of “Acceptable” for Factor I – Technical, the offeror will proceed to Phase II of the evaluation (i.e., evaluation of Factor II – Price). If the offeror receives a rating of “Unacceptable” for Factor I – Technical, the offeror will be considered un-awardable and will not be further evaluated. Thereafter, the next lowest total price proposal will be evaluated for acceptability in accordance with the evaluation criteria established in the solicitation. The evaluation process will continue (in order of price from lowest to highest) until a proposal is evaluated to have an overall Factor I: Technical rated “Acceptable”.

Proposals will be evaluated for acceptability. Selection of a vendor for award will be based on two parts, as follows:

Technical Acceptability (Acceptable/Unacceptable) Price

In order to be considered awardable, proposals must receive an overall rating of ‘Acceptable’ for the non-price proposal.

Non-Price Proposal Evaluation Criteria:

The Non-Price proposal is comprised of the following Factors: Factor I – Technical Acceptability

1. Factor I - Technical Acceptability

An acceptable proposal must be able to demonstrate that it possesses the required certification from the manufacturer to resell the brand name supplies as identified in the PWS Additionally, the offeror shall demonstrate that they have the appropriate resources and ability to ship conforming brand name items to all seven (7) zones identified in the PWS. If the offeror does not successfully demonstrate that it has the certification to resell conforming brand name supplies or is unable to ship to all seven (7) zones identified in the PWS, then they will receive an unacceptable rating.

Factor I will be evaluated based on Acceptable or Unacceptable basis IAW Table 1 below.

Table 1 –Technical Acceptable/Unacceptable Ratings Table Technical Ratings Rating Description Acceptable Offeror clearly meets the minimum requirements of the solicitation.

Unacceptable Offeror does not clearly meet the minimum requirements of the solicitation.

NOTE: A rating of “Unacceptable” for Factor I means that the offeror’s proposal is not awardable and is not susceptible to correction without what would be tantamount to the submission of an entirely new proposal.

2. Factor II- Small Business Subcontracting Plan (for other-than-small-businesses only)

This is not an evaluation factor.

The Small Business Subcontracting Plan requirement is mandatory for award to a large business. Each large business offeror’s Small Business Subcontracting Plan will be reviewed in accordance with FAR clause 52.219-9 Alt II (Deviation), Small Business Subcontracting Plan. The plan will be reviewed for acceptability. The apparently successful offeror shall negotiate an acceptable subcontracting plan with the contracting officer prior to award.

Failure to negotiate an acceptable subcontracting plan will make the offeror ineligible for award. Negotiation of the small business subcontracting plan is not considered discussions and will only occur with the apparent successful offeror. The plan will be incorporated into any resultant contract(s).

Price Proposal Evaluation Criteria:

The Price proposal is comprised of Factor III– Price.

Factor III – Price:

The Government will evaluate price proposals in accordance with FAR 15.404, Proposal Analysis. The Government will combine all CLINs’ prices in determining the price of the proposal. The Government may evaluate any and all information submitted by the offeror to support the reasonableness of the prices proposed. The method of price evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

Written Notice

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Delivery of Supplies

FFP

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Supplies List FOB: Destination

NSN: 892001E360351

MILSTRIP: SOOOOO23PR00001

PURCHASE REQUEST NUMBER: 1301053896

PSC CD: 9999

NET AMT

0002 4 Each Quarterly Usage Report

FFP

Quarterly Usage Reports provided to contracting office in accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: SOOOOO23PR00001

1001 1 Lot OPTION Delivery of Supplies

FFP

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Supplies List FOB: Destination

NSN: 892001E360351

MILSTRIP: SOOOOO23PR00001

1002 4 Each OPTION Quarterly Usage Report

FFP

Quarterly Usage Reports provided to contracting office in accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: SOOOOO23PR00001

2001 1 Lot OPTION Delivery of Supplies

FFP

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Supplies List FOB: Destination

NSN: 892001E360351

MILSTRIP: SOOOOO23PR00001

2002 4 Each OPTION Quarterly Usage Reports

FFP

Quarterly Usage Reports provided to contracting office in accordance with Performance Work Statement.

FOB: Destination

NSN: 892001E360351

MILSTRIP: SOOOOO23PR00001

PSC CD: 8925

3001 1 Lot OPTION Delivery of Supplies

FFP

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Supplies List FOB: Destination

NSN: 892001E360351

MILSTRIP: SOOOOO23PR00001

PSC CD: 8925

3002 4 Each OPTION Quarterly Usage Reports

FFP

Quarterly Usage Reports provided to contracting office in accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: SOOOOO23PR00001

4001 1 Lot OPTION Delivery of Supplies

FFP

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Supplies List FOB: Destination

MILSTRIP: SOOOOO23PR00001

4002 4 Each OPTION Quarterly Usage Reports

FFP

Quarterly Usage Reports provided to contracting office in accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: SOOOOO23PR00001

5001 1 Lot OPTION Delivery of Supplies

FFP

FAR clause 52.217-8 option to extend services, additional 6 months

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Supplies List FOB: Destination

MILSTRIP: SOOOOO23PR00001

5002 4 Each OPTION Quarterly Usage Reports

FFP

FAR clause 52.217-8 option to extend services, additional 6 months

Quarterly Usage Reports provided to contracting office in accordance with Performance Work Statement.

FOB: Destination

MILSTRIP: SOOOOO23PR00001

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2023 TO

31-JUL-2024

N/A N/A

FOB: Destination

0002 POP 01-AUG-2023 TO

31-JUL-2024

1001 POP 01-AUG-2024 TO

31-JUL-2025

1002 POP 01-AUG-2024 TO

31-JUL-2025

2001 POP 01-AUG-2025 TO

31-JUL-2026

2002 POP 01-AUG-2025 TO

31-JUL-2026

3001 POP 01-AUG-2026 TO

31-JUL-2027

3002 POP 01-AUG-2026 TO

31-JUL-2027

4001 POP 01-AUG-2027 TO

31-JUL-2028

4002 POP 01-AUG-2027 TO

31-JUL-2028

5001 POP 01-AUG-2028 TO

31-JAN-2029

5002 POP 01-AUG-2028 TO

31-JAN-2029

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

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

DEC 2022

52.213-1 Fast Payment Procedure MAY 2006 52.217-5 Evaluation Of Options JUL 1990 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer DEC 2022 252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

(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) Representations. 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)

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 proceedings 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).

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

Volume I: Factor I- Technical Acceptability Volume II: Factor II- Price Proposal

Please see ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL ITEMS for additional details

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision - Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the…