Market Research Survey Electrical Workers Glove.docx

DEFENSE LOGISTICS AGENCY

Troop Support 700 Robbins Avenue Philadelphia, Pennsylvania 19111-5092

IN REPLY

REFER TO

DLA Troop Support FQEC Vance Rodriguez 445-737-0415 July 9th, 2025 SUBJECT: Market Research Survey Specification: ASTM-D-120-22

Item: Gloves, Electrical Worker’s 1,000 Volts PGC: 01850; Lead NSN: 8415-01-158-9453 Unit of Issue: Pair (PR) Item: Gloves, Electrical Worker’s 7,500 Volts PGC: 01851; Lead NSN: 8415-01-158-9449 Unit of Issue: Pair (PR) Item: Gloves, Electrical Worker’s 17,000 Volts PGC: 01852; Lead NSN: 8415-01-158-9446 Unit of Issue: Pair (PR)

DLA Troop Support is conducting market research on the above items to determine an acquisition strategy that will enhance our support of military customers worldwide, as well as to determine what industry can provide. For this reason, DLA Troop Support would appreciate your firm sharing its expertise and insight into how this item can be most efficiently procured.

The acquisition approach listed below was designed to promote competition and to ensure a viable industrial base for the supply of Electrical Worker’s Gloves. Note that the Electrical Worker’s Gloves are considered Personal Protective Equipment (PPE) and not clothing, therefore the Buy American Act will be applicable to this procurement. DLA Troop Support anticipates issuing a solicitation in October 2025 for the referenced item(s). DLA Troop Support anticipates awarding one Firm-Fixed Price, Indefinite Delivery, Indefinite Quantity Contract consisting of a four-year base term with tiered pricing whereby the offerors may offer separate prices for each year of the contract. DLA Troop Support requires input from industry to formulate our acquisition strategy regarding how many contracts are necessary, the length of the contract(s), and what type of companies and how many companies are interested in competing for the requirement. Your firm’s response to the questionnaire will help the Government determine an appropriate term for the contract based on the current capabilities of the industry.

It should be noted that this inquiry, in no way, should be interpreted as a solicitation for offers. No information provided in response to this inquiry will be considered binding between the vendor and the Government. Please review specifications for the above listed items and answer the questions on the attached pages. The answers you provide will remain confidential. Please return this survey to Vance Rodriguez at Vance.rodriguez@dla.mil, July 18th by 3:00 PM Local Philadelphia, PA time.

NOTE: This is a MARKET RESEARCH SURVEY, NOT A REQUEST FOR A BID/PROPOSAL. Thank you for your time and consideration.

Vance Rodriguez Acquisition Specialist

Government Requirement:

The quantities provided below are estimates and may change at the time of solicitation based on changes in demand and supply position.

The total Government requirement for the Gloves, Electrical Worker’s (1,000 Volts, 7,500 Volts, and 17,000 Volts) is as follows:

Tier 2

3,450

Tier 3

3,450

Tier 4

3,450

The Government requirement for the Gloves, Electrical Worker’s 1,000 Volts is as follows:

Item: Gloves, Electrical Worker’s 1,000 Volts PGC: 01850; Lead NSN: 8415-01-158-9453 Unit of Issue: PAIR (PR)

Tier 2

1,650

Tier 3

1,650

Tier 4

1,650

The Government requirement for the Gloves, Electrical Worker’s 7,500 Volts is as follows:

Item: Gloves, Electrical Worker’s 7,500 Volts PGC: 01851; Lead NSN: 8415-01-158-9449 Unit of Issue: PAIR (PR)

Tier 2

1,200

Tier 3

1,200

Tier 4

1,200

The Government requirement for the Gloves, Electrical Worker’s 17,000 Volts is as follows:

Item: Gloves, Electrical Worker’s 17,000 Volts PGC: 01852; Lead NSN: 8415-01-158-9446 Unit of Issue: PAIR (PR)

Tier 2

Tier 3

Tier 4

Notes:

1. The Contract Minimum Quantity is 900 pairs

2. The Annual Estimated Quantity (AEQ) is 3,450 pairs for each tier period. (Tier 1, Tier 2, Tier 3, & Tier 4) AEQ refers to the Government's good faith estimate of the requirements during a specified contract tier period. The AEQ does not obligate the government to order a specific quantity, it is provided for informational purposes only.

The Contract Maximum Quantity is 20,700 pairs and reflects the sum of approximately 150% of the AEQ for each Tier (a total of 4 Tiers) to account for fluctuations in customer demand. The Government reserves the right to place orders up to the Maximum Contract Quantity. The Government is not obligated to order the Contract Maximum Quantity; however, the Government has the legal right to order up to this quantity prior to the final expiration of any resultant contract. The Government is only required to order the Contract Guaranteed Minimum Quantity listed above.

3. The Navy, Army, and Coast Guard are the using services.

4. Ordering period: 48-month base term with tiered pricing for each 12-month tier period

5. Delivery Destinations:

DoDAAC: UY0159

RIC: VSTJ

LVI – OCIE SE

Pendergrass Distribution Center 596 Bonnie Valentine Way – DOOR 28 Pendergrass, GA 30567 DoDAAC: SD0131

RIC: VSTZ

Travis Association For The Blind AF & MC 3PL -Distribution Services 4512 South Pleasant Valley Road Austin, Texas 78744

DoDAAC: UY0157

RIC: VSTG

Peckham Inc.

OCIE- North 5408 W. Grand River Ave. Bldg. B Lansing, MI 48906

6. FOB Destination/Inspection/Acceptance at Origin

Proposed Acquisition Strategy:

Solicitation will be issued using Best Value Trade-Off Source Selection Procedures.

If the information supplied in response to this market research survey determines the best method for solicitation is Unrestricted, the evaluation factors are: 1) PDMs, 2) Past Performance Confidence Assessment, and 3) Small Business Participation.

If the information supplied in response to this market research survey determines the best method for solicitation is a Small Business Set-Aside, the evaluation factors are: 1) PDMs and 2) Past Performance Confidence Assessment DLA Troop Support anticipates awarding one Firm-Fixed Price, Indefinite Delivery, Indefinite Quantity Contract consisting of a five-year base term period with tiered pricing for each year. The number of lots/contracts will be determined by the responses received.

DLA Troop Support requires input from industry to formulate our acquisition strategy regarding how many contracts are necessary, the length of the contract(s), and what type of companies and how many companies are interested in competing for the requirement.

Please provide as much insight/information as possible on the following questions to the best of your knowledge at this point in time:

1. Company Identification and Contact Information Company Name:

Company Address:

Company Main Phone Number:

Company CAGE:

Point of Contact #1 Name Title/Position:

Phone:

Email:

Point of Contact #2 Name:

Title/Position:

Phone:

Email:

2. Company Description:

a. Business size (Large or Small)?

NOTE: NAICS Code is 339113– Gloves, Rubber (e.g Electrician’s, Examination, household-type, surgeon’s), manufacturing; Small business being defined as a firm that employs less than 800 people)

b. If you are a Manufacturer, are you planning to submit an offer on this solicitation? (Y/N) __________

1) If no, why?

2) If yes, what is the manufacturing address/ Place of Performance:

3) Will any part of the manufacturing process be subcontracted? (Y/N) __________

i. What percentage will be subcontracted? ____________ %

ii. What is/are the subcontractor(s) company name and address?

iii. What is/are the subcontractor(s)’s CAGE code?

3. Commerciality:

a. Is the item commercial or modified commercial in accordance with Federal Acquisition Regulation (FAR) 2.101? For example: is the item of a type used by the general public; sold or offered for sale to the general public? Is the modification of a type available in the commercial marketplace?

b. If the answer to (a) is no, does your firm deal in commercial products that would be comparable to the item required and/or can they be used in lieu of the item? If so, could you provide examples?

c. Are you aware of commercial items available in the marketplace that you could manufacture with minor modification to meet government requirements?

FAR 2.101 - Commercial item means Commercial product means—

(1) A product, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes, and–

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public;

(2) A product that evolved from a product described in paragraph (1) of this definition through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;

(3) A product that would satisfy a criterion expressed in paragraph (1) or (2) of this definition, except for-

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. “Minor modifications” means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;

(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) of this definition that are of a type customarily combined and sold in combination to the general public;

(5) A product, or combination of products, referred to in paragraphs (1) through (4) of this definition, even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor; or

(6) A nondevelopmental item, if the procuring agency determines the product was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments

4. Item Required:

ITEM

Gloves, Electrical Worker’s

Manufacturing Capabilities

*The Economic Monthly Quantity is the ideal quantity for production run/maintain proficient manufacturing lines.

**The Maximum Quantity requested for this survey is the maximum quantity that can be continuously produced for this item in a normal peacetime situation. Please take into account other current contracts and pending awards.

a. The Government anticipates issuing and closing the solicitation for a period of 30 days, is 30 days enough time for your firm to produce and submit Product Demonstration Models (PDMs) from each place of performance made in accordance with the applicable purchase description? (Y/N)

1) If no, how many days are necessary to be able to submit PDMs with your proposal? _________ days

2) What is the reason your company cannot produce and submit PDMs in 30 days?

b. Are there any known industrial base issues you are aware of with this item?

3. Delivery:

a. Can you deliver special measurements of the subject item to military customers throughout the US (direct vendor delivery)?

b. The production lead time associated with this item is 180 days.

1) Is this realistic? (Y/N)

2) If not, what is the estimated initial production lead-time? ________days

3) If not, what is the estimated production lead-time for subsequent delivery orders? _________days

4) If the production lead times of 180 days is not realistic, why?

4. Pricing

a. The Government anticipates awarding a 4-year base term contract with deliveries to Lansing, MI, Pendergrass, GA, and Austin, Texas on a FOB Destination basis, are you able to provide unit pricing for up to four (4) years? (Y/N)

1) If yes, please provide estimated prices for the next five (4) years:

Gloves, Electrical Worker’s 1,000 Volts – PGC 01850

Unit Price

Base Term (Tier 1 – Year 1)

Base Term (Tier 2 – Year 2)

Base Term (Tier 3 – Year 3)

Base Term (Tier 4 – Year 4)

Gloves, Electrical Worker’s 1,000 Volts – PGC 01850

Unit Price

Base Term (Tier 1 – Year 1)

Base Term (Tier 2 – Year 2)

Base Term (Tier 3 – Year 3)

Base Term (Tier 4 – Year 4)

Gloves, Electrical Worker’s 1,000 Volts – PGC 01850

Unit Price

Base Term (Tier 1 – Year 1)

Base Term (Tier 2 – Year 2)

Base Term (Tier 3 – Year 3)

Base Term (Tier 4 – Year 4)

2) If no, why? (ex: prices of xyz component are too volatile)

3) If no, please provide pricing for the number of years you are able/comfortable providing pricing:

Gloves, Electrical Worker’s 1,000 Volts – PGC 01850

Unit Price

Base Term (Tier 1 – Year 1)

Base Term (Tier 2 – Year 2)

Base Term (Tier 3 – Year 3)

Base Term (Tier 4 – Year 4)

Gloves, Electrical Worker’s 7,500 Volts – PGC 018501

Unit Price

Base Term (Tier 1 – Year 1)

Base Term (Tier 2 – Year 2)

Base Term (Tier 3 – Year 3)

Base Term (Tier 4 – Year 4)

Gloves, Electrical Worker’s 17,000 Volts – PGC 01852

Unit Price

Base Term (Tier 1 – Year 1)

Base Term (Tier 2 – Year 2)

Base Term (Tier 3 – Year 3)

Base Term (Tier 4 – Year 4)

b. The Buy American Act (BAA) price preference will apply.

1. Will your firm provide a domestic end product as defined at DFARS 225.003?

2. Please identify your source of end item manufacturing and, if other than you, please specify the actual location of end item manufacturing:

3. Please identify your source of component supplies and their location of manufacturing:

c. What is your estimated labor to material ratio? Labor: ___________% / Material: ___________%

d. Is pricing of the item stable or volatile?

1) If volatile, why?

e. Would you like the Materials Costs Economic Price Adjustment – Department of Labor Index (FEBRUARY 2023) Procurement Note (see below) included in the solicitation? (Y/N) _________

1) If yes, indicate the index/indices to be considered for the EPA clause and the percentage of the item cost that is material-related that the PPI will apply to:

Material Costs Economic Price Adjustment - Department of Labor Index (FEBRUARY 2023)

(a) Adjustments based on established prices – standard supplies. If the contracting officer determines that no existing FAR or DFARS EPA clause, or DLAD or procuring organization EPA procurement note, is appropriate, the contracting officer may develop a procurement note for one-time use, subject to CCO approval in accordance with 1.301(a)(1)(S-92)(A).

(1) Contracting officers may use procurement note C13 in solicitations and contracts, when the contracting officer determines that the use of the clause at FAR 52.216-2 is inappropriate (reference FAR Deviation #2008-02).)

C13 Economic Price Adjustment – Standard Supplies (AUG 2017)

(a) The contractor warrants that the unit price stated in the schedule for [ offeror insert schedule line item number ] is not in excess of the contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that –

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the contractor.

(b) The contractor shall promptly notify the contracting officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items ordered on and after the effective date of the decrease in the contractor’s established price, and this contract shall be modified accordingly.

(c) If the contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the contractor’s written request to the contracting officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this procurement note shall not exceed 10 percent of the contract unit price at the outset of each performance/ordering period.

(2) The increased contract unit price shall be effective –

(i) On the effective date of the increase in the applicable established price if the contracting officer receives the contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the contracting officer receives the request.

(3) The increased contract unit price shall not apply to quantities ordered under the contract before the effective date of the increased contract unit price.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the contracting officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the contractor’s written request, the contracting officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this procurement note, and thereafter if there is no cancellation, the contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(2) Contracting officers may use procurement note M09 for fresh fruits and vegetables under the DLA Troop Support subsistence supply chain for long term contracts (reference FAR Deviation #2008-02).

(3) Contracting officers may use a procuring organization EPA procurement note in any DLA Multiple Award Schedule solicitation or contract instead of FAR 52.216-2.

(b) Adjustments based on established prices – semi-standard supplies. The contracting officer may use a procuring organization EPA procurement note with FAR clause 52.216-3.

(c) Adjustments based on cost indexes of labor or material.

(1) The contracting officer may include an index clause in solicitations and resulting contracts only if the contracting officer documents in the acquisition plan that the acquisition satisfies the requirements of FAR 16.203-4(d) and DFARS 216.203-4(d). The contracting officer shall select the most appropriate index published by the Bureau of Labor Statistics (BLS). The contracting officer may use another index if the contracting officer determines that no BLS index is suitable and documents in the acquisition plan the specific BLS indexes considered, why they were unsuitable, and rationale demonstrating the suitability of the index selected.

(2) If any applicable index is discontinued or its method of derivation is altered substantially, or the contracting officer determines that the index consistently and substantially fails to reflect market conditions, the parties shall agree upon an appropriate substitute index for determining price adjustments. The contracting officer shall modify the contract to reflect such substitute index, effective on the date the index specified in the contract is no longer published or began to consistently and substantially fail to reflect market conditions.

(d) Price adjustment for Department of Labor Index.

(1) The contracting officer may use procurement note C09 in solicitations and contract awards when—

(i) Unpredictable increases or decreases in the cost of producing the items are expected or pricing uncertainties exist for a component or components of the end item, and the change in cost of production or component prices can be tracked via the Producers Price Index (PPI) published by the BLS; or unpredictable increases or decreases in the cost of producing the items are expected or pricing uncertainties exist for labor, and the change in cost of production can be tracked via the Employment Cost Index (ECI) published by the BLS.

(ii) The circumstances in FAR 16.203-4(d)(1) exist;

(iii) The contracting officer considers the use of this procurement note appropriate; and

(iv) The requirements of FAR 16.203-3 and DLAD Subpart 16.2 are met.

(2) The contracting officer shall coordinate with the procuring organization pricing office before selecting the index. For procuring organizations with no pricing office, the contracting officer shall coordinate the fill-in sections with the DLA Acquisition Contract & Pricing Compliance Division.

(3) Notes for fill-in text:

(i) Paragraph (b)(1): Enter the appropriate Price Index (ECI, PPI, etc.) code number identification and title in the fill-in. Normally, unadjusted indexes should be used (as opposed to seasonally adjusted indexes). Note: If it is determined that the index to be used will only measure part of the cost of production or material, then that percentage which is measured can be specified. For example, if the component is cotton and the Bureau of Labor Statistics (BLS) index is only judged to measure 50% of the contract price, then this should be specified such as 50% times the base price.

(ii) Paragraph (b)(2): Enter the number of months, or quarters for ECI, for the adjusting price index.

(iii) Paragraph (b)(3): One box must be selected. Enter the number of months, or quarters for ECI, in each fill-in. Note: If final indexes are used, adjust the number of months, or quarters, in the second fill-in to account for first published indexes.

(iv) Paragraph (c)(1): Enter the number of price adjustments per contract year.

(v) Paragraph (d): Enter the appropriate percentage price increase ceiling, considering the length of contract performance, index volatility, and ratio of the cost covered by this clause to the total contract price. Any percentage over 10 percent requires approval by the chief of the contracting office.

(vi) Paragraph (f)(2): Enter the minimal dollar amount for an adjustment to be made for retroactive price changes. The default is $500.

C09 Economic Price Adjustment – Department of Labor Index (JUN2020)

(a) Warranties. The contractor warrants that—

(1) The base unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this procurement note; and

(2) Prices invoiced shall be computed in accordance with the terms of this procurement note.

(b) Definitions. As used throughout this procurement note—

(1) "Index", for the purpose of price adjustment under this procurement note, means the Producer Price Index(es) reported in the monthly publication entitled, “Producer Price Indexes”, published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the following code number(s) and title(s):________________________(contracting officer fill-in)_________________________; or the Employment Cost Index(es) reported in the quarterly publication entitled, “Employment Cost Indexes,” published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the following code number(s) and title(s): _______________________(contracting officer fill-in)______________________.

(2) "Base index" means the arithmetic average of the final version of the indexes published for the ____ months, or ____ quarters for ECI, preceding the closing date for receipt of proposals or the date required for receipt of final proposal revisions, if discussions were held.

(3) "Adjusting index" means the ____ arithmetic average of the [ ] first published or [ ] final version of the index for the ____ months, or ____ quarters for ECI, prior to the month in which the adjusting contract modification is effective.

(4) "Base unit price" means the unit price applicable to a quantity of a contract line item established at contract award, exclusive of any price adjustment pursuant to this procurement note.

(5) “Adjustment period” means the period during which a particular adjustment to the unit price under this procurement note (calculated at the beginning of the adjustment period) will apply. The length of each adjustment period in months is the number of adjustments allowed per year in (c)(1) below divided by 12.

(c) Adjustments. Prior to the end of each adjustment period, the contracting officer will calculate the adjusting index and any adjusted contract unit price(s) for the new adjustment period, and modify the contract accordingly. The contracting officer will make price adjustments in accordance with this procurement note by issuing a contract modification showing the base index, the adjusting index, the base unit price, the mathematical calculations, and the changed unit price(s). The price adjustment shall apply to orders issued after the effective date of the contract modification establishing the unit price for the adjustment period. The contracting officer will base the price adjustment(s) for each adjustment period on the percentage change between the base index and the adjusting index for the adjustment period, as applied to the base unit price.

(1) The contractor shall decrease its price in any particular adjustment period if the adjusting index is less than the base index. This contract allows _______ price adjustments per contract year.

(2) Example of adjustment calculation:

Base Index=109.88* Adjusting Index =112.72* Less base index =109.88 Change to index =2.84 Divide change to index by base index =2.84 / 109.88 = .02585 (2.585%)** Multiply by the base unit price =$50.00 x .02585 = $1.29*** = Unit Price Adjustment Adjusted unit price =$51.29 *In computing the base and adjusting indexes, the contracting officer will round the resulting figure to the second decimal place.

**The contracting officer will round this number to the fifth decimal place.

***The contracting officer will round all dollar figures to the nearest cent.

(d) Upward ceiling on economic price adjustment. No upward ceiling shall apply under this economic price adjustment procurement note, unless the BLS series is based on indices below the six-digit level. (An index “below the six-digit level” in BLS usage means an index with an identifier exceeding six-digits). For any BLS series that is below the six-digit level, the following ceiling shall apply: The contractor agrees that the aggregate of the increases in any contract unit price under the terms of this procurement note shall not exceed ___% (percent) of the original base unit price, except as provided hereafter.

(1) If at any time the contractor has reason to believe that within the near future a price adjustment under the terms of this procurement note will be required that will exceed the adjustment ceiling for any item, the contractor shall promptly notify the contracting officer in writing of the expected increase. The notification shall include a revised ceiling the contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the contracting officer.

(2) If an increase in the index would raise a contract unit price for an item above the current ceiling, the contracting officer may issue a contract modification to raise the ceiling. If the contracting officer does not raise the contract ceiling, the contracting officer will promptly notify the contractor in writing.

(e) Invoices. The basis for prices payable under this contract is the latest adjusted unit price incorporated into the contract as of the date of order.

(f) Retroactive adjustment. This paragraph applies only if the contracting officer selected “first published index” in paragraph (b)(3). If the Government has already paid for orders delivered during an adjustment period, the contractor may request a retroactive adjustment. The contracting officer will, base the retroactive adjustment on the difference between a higher final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the adjustment ceiling in paragraph (d) and under] the following conditions:

(1) The request for equitable adjustment clearly establishes that the unit price adjustment for the adjustment period would have been higher if the final revised index had been used and identifies all invoices and payments to which it applies cites the specific index differences relating to the requested adjustment, and provides a calculation of the total net price adjustment for items delivered during that adjustment period.

(2) The total dollar changes for items delivered is $______ ($500.00 unless otherwise stated) or more for the applicable adjustment period(s).

(3) The contracting officer received the contractor’s written request within 45 days following publication of the final revised index.

The contractor shall adjust its prices downward based on the difference between a lower final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the limitation in paragraph (f)(2).

(g) Revision of index. If any applicable index is discontinued or its method of derivation is altered substantially, or if the contracting officer determines that the index consistently and substantially fails to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute. The contracting officer will modify the contract to reflect such substitute effective on the date the index was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(h) Final invoice. The contractor shall include a statement on the final invoice confirming it has applied all decreases required by this procurement note to the amounts invoiced.

(i) Disputes. The “Disputes” clause of the contract applies to any dispute arising under this procurement note.

(e) Adjustments based on established market prices or indexes.

(1) Contracting officers shall determine the most appropriate international, national, regional, or local area market. Contracting officers shall include in the solicitation or contract an EPA clause or procurement note that identifies the index or established market price, the document containing such index or price, and its effective date or period.

(2) If the contracting officer is unable to identify an established market price or index that satisfactorily reflects economic fluctuations, the contracting officer may include fill-ins in the EPA clause or procurement note in the solicitation for offerors to recommend the most appropriate established market price or index. If the offeror does not propose an established market price or index, the contracting officer will select the most appropriate established catalog price and amend the solicitation to include the selected catalog price.

(3) Contracting officers shall consider the length of contract performance when entering the appropriate percentage price increase ceiling in paragraph (c)(1) of procurement note C09. Any percentage over 10 percent requires approval by the CCO or designee, or not lower than one level above the contracting officer. Such approval may cover more than one contract and extend over a stated definite time period not to exceed two years, at which time the contracting officer shall review the adjustment ceiling again.

(4) Contracting officers may use procurement note L24 in solicitations and contracts if acquiring commercial items for which manufacturers or suppliers have established published prices meeting the definition of market price or catalog price.

L24 Economic Price Adjustment (EPA) – Established Prices (AUG 2017)

(a) The contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] is not in excess of the contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that –

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the contractor.

(b) The contractor shall promptly notify the contracting officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the contractor’s established price, and this contract shall be modified accordingly.

(c) If the contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the contractor’s written request to the contracting officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed ___ percent of the original contract unit price.

(2) The increased contract unit price shall be effective –

(i) On the effective date of the increase in the applicable established price if the contracting officer receives the contractor’s written request within 10 days thereafter: or

(ii) If the written request is received later, on the date the contracting officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the contractor, within the meaning of the default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the contracting officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the contractor’s written request, the contracting officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase, except as follows.

(i) The contractor may, after that time, deliver any items that were completed or in the process of manufacture at the time of receipt of the cancellation notice, provided the contractor certifies and notifies the contracting officer of such items within 10 days after the contractor receives the cancellation notice.

(ii) The Government shall pay for those items at the contract unit price increased to the extent provided by paragraph (d) of this clause.

(iii) Any standard steel supply item shall be deemed to be in the process of manufacture when the steel for that item is in the state of processing after the beginning of the furnace melt.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(e) The contractor shall certify on each invoice that each unit price stated therein reflects all decreases required by this clause and shall certify on the final invoice that all price decreases required by this clause have been applied in the manner required herein.

(f) Disputes. Any dispute arising under this clause shall be determined in accordance with the Disputes clause of the contract.

Important Notice: Availability of Solicitations Availability of solicitations, FAR 5.102(d) applies, as our office no longer issues solicitations or amendments in paper form. Offeror should register to receive notification of this solicitation or solicitation amendments. The solicitation will be posted on https://www.dibbs.bsm.dla.mil//.

Important Notice: New Federal Business Opportunities FBO Website Federal Business Opportunities (FBO) moved to SAM.gov. Visit SAM.gov today to preview new features like saved searches and the ability to follow notices. New to SAM.gov, please visit https://sam.gov/content/help for information about how to start your account.

Important Note on Foreign Content:

The Defense appropriations and authorization acts and other statutes (The Buy America Act [BAA]as implemented in FAR Subpart 25.1 and DFARS 225.1), restrict the Department of Defense from acquiring foreign products. Generally, products must be manufactured in the U.S. and contain at least 60% U.S. made components. Additional DoD-specific rules apply under DFARS 225.101 and clause 225.225-7001. Exceptions are allowed under FAR 25.103 and DFARS 225.103, such as for unavailable domestic items, unreasonable cost, or qualifying country sources. Generally, Clothing and Textile items (as defined in DFARS clause 252.225-7012) and "specialty metals" (as defined in DFARS clause 252.225-7014) must be grown, reprocessed, reused, melted or produced in the United States, its possessions or Puerto Rico, unless one of the DFARS 225.7002-2 exceptions applies.

Lack of response will be interpreted as non-interest. If you have any further questions, please feel free to contact me at Vance.Rodriguez@dla.mil or (445) 737-0415 or the Contracting Officer, Ryan Zarkowski at Ryan.Zarkowski@dla.mil.

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