19R0017_Amendment_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Melba Brow n, 804-734-8000 xt 8 , melba.brow n@deca.mil

The above referenced solicitation is amended to include the evaluation criteria for commercial items, clause 52.212-2. Addemdum 52.212-4 correction , duplicate Clause 52.212-3 Alt 1 w as deleted, added Clause 252.225-7021, correction to 252.216-7006 and Correction to CED 1M28 ,1M30 and 4SPPM Electrical Requirements and UL changes; Far East CLIN added (Guam, Japan and South Korea).

Addumdum 52.212-1 Instruction to Offerors ** All Offers may submit questions for clarification No Later Than July 21, 2019**

See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

1 21

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-Jul-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HDEC0419R0017

X 9B. DATED (SEE ITEM 11)

28-Jun-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-Jul-2019

CODE

DEFENSE COMMISSARY AGENCY

SUPPLY & EQUIPMENT DIVISION

BUILDING P 11200

1300 E AVENUE

FORT LEE VA 23801-1800

HDEC04 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HDEC0419R0017

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0004

The CLIN extended description has changed from:

Scales Labeler Warper , Auto Far East

To:

Scales Labeler Warper , Auto Far East (Guam, Japan and South Korea)

CLIN 1004

Scales Labeler Wrapper , Auto Far East

Scales Labeler Wrapper , Auto Far East (Guam, Japan and South Korea)

CLIN 2004

CLIN 3004

CLIN 4004

The following have been added by reference:

252.225-7021

The following have been modified:

ADDENDUM 52.212-4

TERMS AND CONDITIONS - COMMERCIAL ITEMS

The following information is added to the respective paragraphs of FAR 52.212-4:

Offerors awarded a contract resulting from this solicitation will be given an opportunity to provide a quote through the Fair Opportunity Decision Summary for delivery orders only when the requirement of the life cycle of the existing system has expired and determined the whole system; (CEDs 1M28,1M30 & 4SPPM), will be replaced.

When only one of the above CEDs need replacing the Fair Opportunity Decision Summary will not be used. Each awardee will be guaranteed one complete system; (CEDs 1M28,1M30 & 4SPPM) for one commissary.

(a) Inspection/Acceptance: Delivery orders will be issued and accessed through the Electronic Document Access (EDA) System https://wawf.eb.mil. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.

Delivery is required 30 days after receipt of delivery order. Delivery to commissaries shall be made between the hours of 7:00 am and 3:00 pm local time, Monday through Friday, excluding official Government Holidays.

Delivery orders will contain the delivery location and any other necessary delivery instructions. The contractor can find the delivery address and points of contact information for each store at www.commissaries.com

(c) Changes: The government may issue unilateral administrative modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data. Contract modifications will be issued and accessed through EDA.

(g)(1)(v) Shipping:

Continental United States (CONUS) and Alaska and Hawaii: Shipments for all CONUS locations, Alaska and Hawaii will be shipped directly to those locations.

Far East and Puerto Rico: The contractor is responsible only for shipment to the freight forwarder, which is located in Stockton, CA and Norfolk, VA. Each Far East and Puerto Rico delivery order will include packing and marking instructions to the freight forwarder specified in the order. The contractor shall mark each shipment with the name of the contractor, contract number, and requisition number.

Far East and Puerto Rico delivery locations require packaging and preparation for overseas shipment. Equipment destined for overseas shipment will be wrapped, blocked, and braced using best commercial practices so that the equipment arrives at the final destination without damage. If multiple orders are received for Far East and Puerto Rico locations, each location must be packaged, prepped, and palletized individually. Packaging and palletization must meet or exceed transportation requirements for the final destination (Far East and Puerto Rico location); not the freight forwarder location.

The contractor must access the WAWF Vendor Tools on the DFAS website and complete the requirements to obtain an active WAWF account. This will allow the contractor to submit invoices via WAWF so that payments can be processed electronically through EFT.

(End of Clause)

CEDS

1M28 Scale , Labeler, auto-wrapper

Purpose of this Equipment:

To automatically weigh, wrap, index and label various sized tray of meat for sales display

General Operating Specifications:

Dimensions:

Cannot exceed 75 inches long / wide, 130 inches deep, 96 inches high. This equipment is a floor model.

Salient Characteristics that shall be provided:

Fully automatic with weighing, conveying, wrapping and labeling capability Automatic printer:

Thermal type label printer:

Automatic label application System shall be capable of printing:

The USDA (United States Department of Agriculture) mandated safe handling statement for raw and / or partially cooked meat COOL (Country of Origin Label) information NutriFacts information, expanded text, graphics and special messages Universal Product Code (UPC)

Electronic scale system:

Scale system weighs, automatically computes prices, and issues label data to the labeler(s) Weighing capacity up to 30 pounds Weighs in increments of 0.01 pounds Electric motor drive Film stretching mechanism which grips and stretches the film around all sides of the package Auto-sensing detection system that utilizes the optimum film size for economical use of film Designed to allow the operator to monitor all switches, change package size and change film size Film roll(s) shall be accessible and replaceable by operator without tools Automatically wraps packages up to 10 inches wide by 14 inches long by 4 inches high Capable of wrapping packages by measuring, cutting, wrapping and heat-sealing the film Equipped with a safety stop switch

Control panel:

Touch screen interface Capable of enabling user identification Unit price and total price computing value ranges from $0.01 to $999.99 Minimum of 4000 Product Look-Up (PLU) codes, memory for associated item files and configurable from 1 to 6 digit PLU characters

Industry Standards / Requirement(s):

Industry Standards: Underwriters Laboratory (UL) listed or approved equivalent. Conformité Européene (CE) is not acceptable for a standard.

Warranty period shall be for (1) year from date of delivery against defective material and workmanship and shall include parts, service and labor.

Information Technology requirements:

Wireless transmission functionality (WTF):

Weigh / wrap(s) shall be capable of communicating wirelessly with satellite scales, laptop, and wrapping systems independent of ancillary components.

An Operating System (OS) based on Windows, Linux or Unix. The OS must be capable of communicating with the DeCA network which is currently using ePlum software. OS must be capable of receiving patches and upgrades to maintain compatibility with OS upgrades in the future.

The weigh / wrap equipment shall support both 802.3 10/100 Mbps Ethernet and 802.11a/b/g/n wireless network interfaces The weigh / wrap equipment shall support wireless security (802.11i, Wi-Fi Protected Access (WPA2)) and EAP Types (EAP-Tunneled TLS (TTLS), Protected EAP (PEAP) and EAP- MSCHAPv2.

The weigh / wrap equipment shall be capable of operating in wired mode and wireless mode.

Memory, mass storage and processor requirements:

Minimum of 1 GB RAM Single-core or dual-core with a minimum processor speed of 1.0 GHz.

Information technology that is not an information system or a Platform Information Technology (PIT) system shall be designated by DeCA as an IT product, service or PIT and must be securely configured in accordance with applicable hardening guides, such as Security Technical Implementation Guide (STIG), security controls and shall obtain authorization from DeCA before it is connected to the DeCA environment, in accordance with DoDI 8510.01, Risk Management Framework, March 14, 2014. The contractor shall assist DeCA to ensure compliance with DoD security controls (to include ports, protocols and services used) and STIGs is achieved and maintained while connected to DeCA's network.

Electrical Requirements:

_x____ Standard U.S.A. electrical specifications: 208 / 240 volts, 60 Hertz, 1 phase _x____ Pacific Theater stores 208 V / 50 HZ / 1 PH (Applies to these stores only: Atsugi, Misawa, Sagami, Sagamihara, Yokosuka, Yokota, Camp Zama, and Kanto Plains CDC. All other stores are standard U.S.A. 60 cycle voltages.)

_N/A____ European stores 220V / 50 HZ / 1 PH Minimum 6 foot cord with a NEMA Standard plug NOTE: the operating range for 120 volts is 110 to 120 volts; the operating range for 220 volts is 208 to 230 volts.

Standard Contractor Requirements:

Must be shipped ready to assemble, plug in, and use De-installation of old equipment is required This equipment requires disposal: place in a specified area Installation required by an authorized service technician Operational testing is required Assure wireless communication is active between scale / labeler / wrapper systems and other satellite equipment Startup assistance required to include initial loading of PLU file Provide familiarization training

Information to be provided by the Contractor to the commissary at the time of delivery:

Point of Contact for Service Installation and Operating Instructions Parts List

Maintenance Sustainability Requirements:

The weigh / wrap manufacturer shall provide continued parts support for the projected life cycle of the equipment plus 5 years.

1M30 Scale , Labeler, Wrapper Station

Purpose of this Equipment:

To manually weigh, wrap, index and label various sized tray of meat for sales display

General Operating Specifications:

Dimensions:

Cannot exceed 60 inches long / wide, 40 inches deep, 70 inches high. This equipment is a floor model.

Salient Characteristics that shall be provided:

Electronic scale system:

Weighs, computes prices, and issues label data to the labeler(s) Weighing capacity from 0.01 to 30 pounds Weighs in increments of 0.01 pounds Labeler:

Thermal type label printer System shall be capable of printing:

The USDA (United States Department of Agriculture) mandated safe handling statement for raw and / or partially cooked meat COOL (Country of Origin Label) information NutriFacts information, expanded text, graphics and special messages Universal Product Code (UPC) Heat seal wrapper:

Sealing hot plate covered with a non-stick surface Stainless steel frame:

Legs capable of 1 inch adjustment for leveling Shall have 2 each removable or folding side shelves Control panel:

Touch screen interface Capable of enabling user identification Unit price and total price computing value ranges from $0.01 to $999.99 Minimum of 4,000 Product Look Up (PLU) codes, memory for associated item files and configurable from 1 to 6 PLU characters Industry Standards / Requirement(s):

Industry Standards: Underwriters Laboratory (UL) listed or approved equivalent. Conformité Européene (CE) is not acceptable for a standard.

Warranty period shall be for (1) year from date of delivery against defective material and workmanship and shall include parts, service and labor.

Information Technology requirements:

Wireless transmission functionality (WTF):

Weigh / wrap(s) shall be capable of communicating wirelessly with satellite scales, laptop, and wrapping systems independent of ancillary components.

An Operating System (OS) based on Windows, Linux or Unix. The OS must be capable of communicating with the DeCA network which is currently using ePlum software. OS must be capable of receiving patches and upgrades to maintain compatibility with OS upgrades in the future.

The weigh / wrap equipment shall support both 802.3 10/100 Mbps Ethernet and 802.11a/b/g/n wireless network interfaces.

The weigh / wrap equipment shall support wireless security (802.11i, Wi-Fi Protected Access (WPA2)) and EAP Types (EAP-Tunneled TLS (TTLS), Protected EAP (PEAP) and EAP- MSCHAPv2) The weigh / wrap equipment shall be capable of operating in wired mode and wireless mode

Memory, mass storage and processor requirements

Information technology that is not an information system or a Platform Information Technology (PIT) system shall be designated by DeCA as an IT product, service or PIT and must be securely configured in accordance with applicable hardening guides, such as Security Technical Implementation Guide (STIG), security controls and shall obtain authorization from DeCA before it is connected to the DeCA environment, in accordance with DoDI 8510.01, Risk Management Framework, March 14, 2014. The contractor shall assist DeCA to ensure compliance with DoD security controls (to include ports, protocols and services used) and STIGs is achieved and maintained while connected to DeCA's network.

Electrical Requirements:

_x___ Standard U.S.A. electrical specifications: 120 volts, 60 Hertz, 1 phase.

_x____ Pacific Theater stores 120 V / 50 HZ / 1 PH (Applies to these stores only:Atsugi, Misawa, Sagami, Sagamihara, Yokosuka, Yokota, Camp Zama, and Kanto Plains CDC. All other stores are standard U.S.A. 60 cycle voltages.)

_N/A____ European stores 220 V / 50 HZ / 1 PH Minimum 6 foot cord with a NEMA Standard plug NOTE: the operating range for 120 volts is 110 to 120 volts; the operating range for 220 volts is 208 to 230 volts.

Standard Contractor Requirements:

Must be shipped ready to assemble, plug in, and use De-installation of old equipment is required This equipment requires disposal: place in a specified area

Installation required by an authorized service technician Operational testing is required

Assure wireless communication is active between scale / labeler / wrapper systems and other satellite equipment Startup assistance required to include initial loading of PLU file

Provide familiarization training

Information to be provided by the Contractor to the commissary at the time of delivery:

Point of Contact for Service Installation and Operating Instructions Parts List

Maintenance Sustainability Requirements:

Continued parts support is required for the projected life cycle of the equipment plus 5 years.

4SPPM

Scale/Printer, Stand-alone

Purpose of this Equipment:

To weigh product and print labels General Operating Specifications:

Dimensions:

Cannot exceed 21 inches long / wide, 30 inches deep, 13 inches high.

Salient Characteristics that shall be provided:

Electronic scale:

Weighs, computes prices, and issues label data to the labeler Weighing capacity from 0.01 to 30 pounds Weighs in increments of 0.01 pounds (more sensitive weighing capacities acceptable) Labeler / printer:

Thermal type label printer Shall be capable of printing:

The USDA (United States Department of Agriculture) mandated safe handling statement for raw and / or partially cooked meat COOL (Country of Origin Label) information NutriFacts information, expanded text, graphics and special messages Universal Product Code (UPC)

Control panel:

Touch screen interface Unit price and total price computing value ranges from $0.01 to $999.99 Minimum of 4,000 Product Look-Up (PLU) codes, memory for associated item files and configurable from 1 to 6 digit PLU characters

Customer view screen:

Shall display price per pound, net weight, total price and item description

Industry Standards / Requirement(s):

Industry Standards: Underwriters Laboratory (UL) listed or approved equivalent. Conformité Européene (CE) is not acceptable for a standard.

Warranty period shall be for (1) year from date of delivery against defective material and workmanship and shall include parts, service and labor.

Information Technology requirements:

Wireless transmission functionality (WTF):

Weigh / wrap(s) shall be capable of communicating wirelessly with satellite scales, laptop, and wrapping systems independent of ancillary components An Operating System (OS) based on Windows, Linux or Unix. The OS must be capable of communicating with the DeCA network which is currently using ePlum software. OS must be capable of receiving patches and upgrades to maintain compatibility with OS upgrades in the future The weigh / wrap equipment shall support both 802.3 10/100 Mbps Ethernet and 802.11a/b/g/n wireless network interfaces The weigh / wrap equipment shall support wireless security (802.11i, Wi-Fi Protected Access (WPA2)) and EAP Types (EAP-Tunneled TLS (TTLS), Protected EAP (PEAP) and EAP- MSCHAPv2) The weigh / wrap equipment shall be capable of operating in wired mode and wireless mode

Memory, mass storage and processor requirements:

Information technology that is not an information system or a Platform Information Technology (PIT) system shall be designated by DeCA as an IT product, service or PIT and must be securely configured in accordance with applicable hardening guides, such as Security Technical Implementation Guide (STIG), security controls and shall obtain authorization from DeCA before it is connected to the DeCA environment, in accordance with DoDI 8510.01, Risk Management Framework, March 14, 2014. The contractor shall assist DeCA to ensure compliance with DoD security controls (to include ports, protocols and services used) and STIGs is achieved and maintained while connected to DeCA's network.

Electrical Requirements:

__x___ Standard U.S.A. electrical specifications: 120 volts, 60 Hertz, 1 phase __x___ Pacific Theater stores 120 V / 50 HZ / 1 PH (Applies to these stores only: Atsugi, Misawa, Sagami, Sagamihara, Yokosuka, Yokota, Camp Zama, and Kanto Plains CDC.

All other stores are standard U.S.A. 60 cycle voltages.)

_N/A____ European stores 220 V / 50 HZ / 1 PH Minimum 6 foot cord with a NEMA Standard plug NOTE: the operating range for 120 volts is 110 to 120 volts; the operating range for 220 volts is 208 to 230 volts.

Standard Contractor Requirements:

Must be shipped ready to assemble, plug in, and use De-installation of old equipment is required This equipment requires disposal: place in a specified area Installation required by an authorized service technician Operational testing is required Assure wireless communication is active between scale / labeler / wrapper systems and other satellite equipment Startup assistance required to include initial loading of PLU file Provide familiarization training

Information to be provided by the Contractor to the commissary at the time of delivery:

Point of Contact for Service Installation and Operating Instructions Parts List

Maintenance Sustainability Requirements:

Continued parts support is required for the projected life cycle of the equipment plus 5 years.

INSTRUCTIONS TO OFFERS

ADDENDUM FAR 52-212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

The following information is added to the respective paragraphs of FAR 52.212-1:

(a) North American Industry Classification System (NAICS) code and small business size standard: The applicable NAICS to this solicitation is 333997 and the Size Standard is 500. Your Representations and Certifications must include the NAICS applicable to this solicitation document and indicate your organization’s business size status.

(b) Submission of Offers: Proposals are to be submitted to the Defense Commissary Agency, Supply/Equipment Acquisition Division DeCA (LEAE), Attn: Melba Brown, 1300 E. Ave, Fort Lee, VA 23801-1800. E-mailed copies will be accepted. You may email to melba.brown@deca.mil. The complete proposal with authorized representative’s signature must be received by the closing date and time annotated within this solicitation. Adobe PDF, Microsoft Word, Microsoft Excel files, are the only accepted forms of files to be submitted via email. The offeror’s complete proposal shall be returned to DeCA in the following format:

Tab 1: Descriptive literature for each CED Tab 2: Certification for country of origin/manufacture and method of verification Tab 3: Past Performance References Tab 4: Completed FAR and DFARS Certs and Reps Tab 5: SF 1449 Returned completed with Price for all CLINS, including Place of Manufacture FAR 52.225-18, and signature

Failure by the offeror to submit all of the requirements may cause the offer to be rejected with no further consideration given.

By submission of a proposal, the offeror acknowledges the requirement to register in Procurement Integrated Enterprise Environment (PIEE formerly known as Wide Area Workflow (WAWF)) prior to award. The successful awardee will be required to submit “combo invoices” in PIEE to facilitate the payment process. For more information on PIEE, please log in to https://wawf.eb.mil/. Offerors are encouraged to take the Web Based Training if this is the first time providing a proposal to the government.

By submission of a proposal, the offeror acknowledges the requirement to register in Electronic Document Access (EDA) prior to award. The successful awardee will use this site to receive and/or obtain the basic contract, any future modifications, and all delivery orders. For more information on EDA, please log in to via https://wawf.eb.mil.

Offerors are encouraged to review the Training Material on the EDA site if this is the first time providing a proposal to the government.

By submission of a proposal, the offeror acknowledges the requirement to register in myInvoice prior to award. The successful awardee can use this site to review payment status for invoices. For more information on myInvoice, please log in to https://wawf.eb.mil. Offerors are encouraged to review the Instructions on the myInvoice site if this is the first time providing a proposal to the government.

In completing the FAR and DFARS Certs and Reps, please complete clause 252.225-7020 and submit proof of origin document or statement that can be a certificate of origin, a self-issued certificate of origin, or a declaration of origin along with POC information (name, title, phone number, email address and physical address) that we can contact to verify.

(b)(4) Product Information: Offerors shall submit cut sheets, specifications, drawings, brochures or other information that demonstrates the proposed products meet or exceed ALL the specifications of the Commissary Equipment Description (CED). Additionally, offerors shall include the expected life cycle of the equipment in order to determine the duration for parts support. Be sure your documentation clearly shows which model is included in the proposal. Be sure to explain and/or illustrate how each specification in the CED is met or exceeded, but do not simply copy the CED into your technical proposal.

(b)(6) Price: Provide your best firm fixed price offer for each CLIN Unit Price and enter the total price for the maximum quantity on the Estimated Net Amount line in the SF1449.

FOB Destination is required for this award; therefore, please include any shipping costs into your unit price for each item. Vendors are responsible for all shipments in the Continental United States (CONUS), Alaska and Hawaii.

Shipments with a final destination in Puerto Rico and Far East will be shipped to a freight forwarder in the US.

Packaging and palletization to meet the requirements of the final destination are required and should also be factored into the unit price for each item.

(b)(8) System for Award Management: Offerors must update the System for Award Management (SAM) at https://www.sam.gov. On-line representations and certifications must be completed at this site. If the offerors has any exceptions to 52.212-3, paragraphs c thru u, that apply specifically to this solicitation then complete the applicable paragraphs (52.212-3 is included in full text in this solicitation) and submit them with your offer to this solicitation. The offeror only needs to complete paragraph (b)(2) of FAR 52.212-3 Alt I and submit with their proposal if in SAM. Per FAR 4.1201(a): Prospective contractors shall complete electronic annual representations and certifications at SAM accessed via https://www.sam.gov as a part of required registration (see

FAR 4.1102).

By submission of a proposal, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation.

(b)(10) Past Performance References: Submit at least 5 references; companies that you have conducted business with over the last five years for delivery of products that are similar to those listed in this solicitation.

Offerors should notify references that DeCA will contact them to complete past performance surveys and that they should respond promptly. Include the following information for each reference:

i. Name of Company

ii. Address of Company

iii. Name and Title of Point of Contact

iv. Phone Number/Email Address

v. Type of Contract/Agreement

vi. Period of Performance of Contract/Agreement

vii. Annual Dollar Value of Contract/Agreement

viii. Description of Product(s) Delivered

The references will be asked to provide information on your company’s past performance with regards to timeliness of delivery, quality, and business relations. The contracting officer will contact the references provided to obtain this information. Any other past performance information available to the contracting officer will also be considered.

Past performance references are due 7 days prior to the closing date of the solicitation.

(c) Period of Acceptance of Offers: The period for acceptance of offers is 90 days. In the event discussions are held, the offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for submission of final proposal revisions.

**Offerors may submit questins for Clarification No Later Than July 19, 2019.**

(End of Provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The following information is added to the respective paragraphs of FAR 52.212-2:

(a) The Government will award multiple contracts resulting from this solicitation to the responsible offerors whose offer conforms to the solicitation, is the Lowest Price Technically Acceptable (LPTA) offer to the Government.

The LPTA process is appropriate when best value is expected to result from selection of the technically acceptable proposal, acceptable past performance and with the lowest evaluated price. The LPTA process does not permit tradeoffs between price and non-price factors.

The following factors shall be used to evaluate offers:

1. Technical Acceptability of Product

2. Past Performance

(a) Timeliness of Delivery

(b) Quality of Products

(c) Business Relations

3. Price

Awards will be made to the lowest-price technically acceptable offerors. Offerors will be determined to be technically acceptable if their proposed product complies with the Commissary Equipment Description (CED) and by receiving at least an acceptable rating for each past performance evaluation sub-factor. Total evaluated price will be determined by applying each offeror’s unit price to the estimated quantity and totaling the CLIN.

(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 offerors 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.

The government reserves the right to issue awards without discussions.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from

September 1, 2019 through August 31, 2020.

September 1, 2020 through August 31, 2021 September 1, 2021 through August 31, 2022 September 1, 2022 through August 31, 2023 September 1,2023 through August 31, 2024

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

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

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

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

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

(ii) For fixed price line items—

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

(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…