RFQ SP330021Q0001.pdf

RFQ #SP330021Q0001

CRATE, PACKINGSPI

AMP7012810

NOTICE TO OFFERORS

1. Issuing Office:

DLA Distribution Acquisition Operations (J7) 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart Part 12.6- Streamlined Procedures for Evaluation and Solicitation for Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP330021Q0001.

3. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular

(FAC) 2020-08 effective 13 August and Defense Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice (DPN) 20200831 effective 31 August 2020 and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 19-19 effective 25 June 2020. This notice incorporates provisions and clauses in effect under:

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Regulations 2020-08 13 August 2020 Defense Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice (DPN)

20200831

31 August 2020

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

PROCLTR 19-19

2020-13

25 June 2020

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

FAR- https://www.ecfr.gov (Reference Title 48) DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

4. This Request for Quotation (RFQ) is being issued to establish a Fixed Price (FFP) contract for two-hundred and fifty (250 EA) CRATE, PACKING SPI AMP7012810 as described Attachment 1- Drawing. The Government intends to award one (1) contract as a result of this RFQ and will be issued on a Standard Form (SF) 1449.

This RFQ is 100% Set Aside for Small Business Concerns. The Federal Supply Code (FSC) for this acquisition is 8115 (Boxes, Cartons, and Crates), and the North American Industry Classification System (NAICS) code for this procurement is 321920 (Wood Container and Pallet Manufacturing), with a size standard of 500 employees This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

5. Ordering Period of Performance shall be on about as follows:

Delivery is to occur 60 days After Receipt of Order:

https://www.ecfr.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

Estimated delivery by November 30, 2020 Early delivery is acceptable and desirable at no additional cost to the Government.

6. DELIVERY INFORMATION: Pricing shall be quoted FOB Destination

UNIT OF ISSUE: EACH

SHIP TO:

SB3540

DLA Distribution Anniston 7 Frankford Ave.

Anniston, AL 36201-4199

7. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping

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

• CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER

• DELIVERY ORDER NUMBER (as applicable)

• CLIN /MATERIAL NUMBER

• SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

• PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

8. PACKING AND MARKING REQUIREMENTS: All products shall be packaged best commercial practice in accordance with ASTM 3951. All shipments must contain proper shipping documentation.

Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and document number for the item, stock number, quantity, and unit of issue. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

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

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

Manufacturer:

http://www.sam.gov/

10. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.

11. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE: Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

12. REQUIREMENTS FOR PALLETS: Material must be shipped on serviceable, winged pallets in accordance with MD00100452, Revision C, dated 09/2016. Please reference the following link for more information:

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

The complete specification for winged pallets can be found in Part 9 of ANSI MH1. The pallet must be heat treated, certified, and stamped or branded with the appropriate certification markings in accordance with DOD Manual 4140.65-M. Please reference the DLA Master List of Technical and Quality Requirements for information at this link:

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

Additional information can be found at:

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

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

13. Questions regarding this solicitation shall be submitted by electronic mail to the Acquisition

Specialist, Tameka Drayton, via email at tameka.drayton@dla.mil, Subject: SP330021Q0001 RFQ Question. Question(s) must be received by 3:30 PM EST on 28 September 2020. Answers to questions will be posted to the www.Beta.Sam.gov website via an amendment to the solicitation.

14. Attachments:

Attachment -1 Drawing Attachment -2 Schedule of Supplies

Please pay special attention to FAR 52.212-1 Instructions to Offerors and FAR 52.212-3 Evaluation

– Commercial Items and its addenda.

ADDENDA TO 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

FAR 52.202-1 Definitions FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems FAR 52.232-1 Payments https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/ https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx mailto:tameka.drayton@dla.mil http://www.beta.sam.gov/

FAR 52.232-8 Discounts for Prompt Payment FAR 52.232-11 Extras FAR 52.232-23 Assignment of Claims FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.247-34 F.o.b. Destination FAR 52.253-1 Computer Generated Forms

DFARS 252.203-

Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-

Requirement to Inform Employees of Whistleblower Rights

DFARS 252.204-

Control of Government Personnel Work Product

DFARS 252.204-

Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-

Notice of Authorized Disclosure of Information for Litigation Support

DFARS 252.209-

Subcontracting With Firms that are Owned or Controlled by the Government of a County That is a State Sponsor of Terrorism

DFARS 252.223-

Prohibition of Hexavalent Chromium

DFARS 252.225-

Qualifying Country Sources as Subcontractors

DFARS 252.225-

Preference for Certain Domestic Commodities

DFARS 252.225-

Trade Agreements (DEVIATION 2020-O0019)

DFARS 252.225-

Buy American—Free Trade Agreements--Balance of Payments Program. (DEVIATION 2020-O0019)

DFARS 252.225-

Export Controlled Items

DFARS 252.232-

Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-

Levies on Contract Payments

DFARS 252.243-

Pricing of Contract Modifications

DFARS 252.243-

Requests for Equitable Adjustment

DFARS 252.244-

Subcontracts for Commercial Items

DFARS 252.247-

Transportation of Supplies by Sea

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders – Commercial Items (August 2020)

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

(1) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

52.219-13 Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

52.219-28 Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

52.222-3 Convict Labor

52.222-19 Child Labor—Cooperation with Authorities and Remedies.

(DEVIATION 2020-O0019)

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

(i) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246).

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

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

52.222-50 Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(E.O. 13513).

52.225-1 Buy American – Supplies

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

52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(End of Clause)

FAR 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) (JAN 2019)

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

(b) Applicability. This clause applies only to—

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

and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

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

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

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any domestic firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of clause)

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Regulations 2020-08 13 August 2020 Defense Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice (DPN)

20200831

31 August 2020

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

PROCLTR 19-19

2020-13

25 June 2020

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

FAR- https://www.ecfr.gov (Reference Title 48) DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Clause)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

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

https://www.ecfr.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

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

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

(ii) For fixed price line items—

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

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

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC** SP3300 Inspect By DoDAAC N/A

Ship To Code SB3540 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/

Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC SB3540 LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. N/A (Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause) L06 Agency Protests (DEC 2016) Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

(End of Text)

SOLICITATION PROVISIONS:

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

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

FAR 52.203-18 Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-20 Predecessor of Offeror FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation FAR 52.209-2 Prohibition on contracting with inverted domestic corporations—representation FAR 52.222-22 Previous contracts and compliance reports FAR 52.222-25 Affirmative action compliance

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation

FAR 52.225-18 Place of Manufacture FAR 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications

DFARS 252.203-

Representation relating to compensation of former DOD officials

DFARS 252.204-

Alternate A, Annual Representations and Certifications

DFARS 252.204-

Compliance with safeguarding covered defense information controls

DFARS 252.213-

Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

DFARS 252.225-

Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)

DFARS 252.247-

Representation of Extent of Transportation by Sea

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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) Amendment(s) published July 14, 2020, in 85 FR 42679 EFFECTIVE DATES: Aug. 13, 2020

11. Amend section 52.204-25 by—

a. Revising the date of the clause;

b. In paragraph (a), adding in alphabetical order the definitions “Backhaul”, “Interconnection arrangements”, “Reasonable inquiry” and “Roaming”;

c. Revising paragraph (b); and

d. Removing from paragraph (e) “this paragraph (e)” and adding “this paragraph (e) and excluding paragraph (b)(2)” in its place.

(End of Provision)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of Provision)

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single Firm Fixed Price – Purchase Order resulting from this solicitation.

(End of Provision) FAR 52.233-2 Service of Protest (SEP 2006)a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from DLA Distribution J7 Acquisition Operations, Attn. Jennifer D. Fasting, Contracting Officer, 430 Mifflin Ave, Suite 3102A, New Cumberland, PA 17070-5008.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR https://www.ecfr.gov/cgi- Select Title 48, bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse Federal Acquisition Regulations System.

Chapter 1 is the

FAR

DFAR https://www.ecfr.gov/cgi- Select Title 48, bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Federal Acquisition Regulations System.

Chapter 2 is the

DFARS

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

DLAD 5452.233-9001, Disputes – Agreement to Use Alternate Dispute Resolution (ADR)(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

FAR 52.212-1 Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0018) (Oct 2018) ADDENDA TO FAR 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

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

(d) Product samples

(e) Multiple offers https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(h) Multiple awards

QUOTE PREPARATION INSTRUCTIONS

1. All quotes must be received electronically via email at tameka.drayton@dla.mil by 3:30 PM EST on 2 October 2020. Facsimile and hard copy submissions of quotes will not be accepted. Failure to submit your response by this date and time may result in non-consideration of your quote.

Quotes must have this statement in the footer or header of each page: Source Selection Information See FAR 2.101 and 3.104.

Quotations may be submitted in contractor format and shall include:

1) Company name, address, telephone number, e-mail address, and FAX number

2) Solicitation number

3) Unit Price and extended prices for ALL CLINS

4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code

5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation)

6) Descriptive literature for submission of products to demonstrate the item meets the minimum salient characteristics found in the Attachment -1 Drawing and Attachment 2-Schedule of Supplies.

The Offeror's Price Quote shall be submitted for quantities required in accordance with Attachment -1 Drawing and Attachment 2-Schedule of Supplies CLIN structure of the solicitation. The offeror shall provide the total price for each CLIN and the overall total price for all CLINS. The Price Quote shall also include completed certification and representations located at FAR 52.212-3 (AUG 2009) and FAR 52.219-1 (OCT 2014) OR Offeror statement indicating that said certifications and representations are current and located in the SAM database which can be found at https://www.sam.gov.

ADDENDA TO FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)

FACTOR 1: TECHNICAL CAPABILITY

The Government intends to evaluate quotes in response to this solicitation and will award one firm-fixed price purchase order to the responsible offeror with the technically acceptable lowest price offer. The following criteria shall be used to establish technical acceptability:

To be considered for award, offers must provide items specified in (Drawing) and products must meet specifications listed in Attachments 1-Drawing and Attachment 2-Schedule of Supplies.

(a) Meet the salient physical, functional, or performance characteristic specified in this solicitation and attachments (b) Clearly identify descriptive information such as specification, illustrations, drawings, or a clear reference to previously furnished descriptive data or information.

Failure to provide a complete, detailed, realistic, and reasonable quote may reflect a lack of understanding of the requirements and may result in a determination that the offeror’s quote is unacceptable. The mailto:tameka.drayton@dla.mil https://www.sam.gov/

Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an offeror’s quote.

FACTOR 2: PAST PERFORMANCE

The Government will evaluate the offeror’s Past Performance to determine acceptability of the quote in response to this solicitation. Past Performance will be evaluated on an acceptable/unacceptable basis and shall not be rated. The offeror will be evaluated on their past performance record and any other relevant information obtained from available sources which may include: Supplier Performance Risk System (SPRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases.

To be considered technically acceptable:

• the offeror’s SPRS record must have fewer than three (3) negative delivery actions within the last three

(3) years;

• the offeror must have a minimum Supplier Risk Score color-coded as Green within the SPRS database;

• the offeror must not have an overall negative history (above 50%) of past performance results through any combination of information received from the available past performance databases.

Offerors who fail to meet the above thresholds shall be provided an opportunity to address negative Past Performance items if no previous opportunity was provided.

In the case of a supplier without a record of relevant past performance history in SPRS for the PSC of the supplies being purchased, the supplier will not be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

FACTOR 3: PRICING

If a quote has been determined acceptable under each of the non-price factors listed above, the Government will then evaluate the quote for the lowest price. The proposed total price, the sum of the total amount for all CLINS, between offers that are determined to be technically acceptable will be the determining factor in the selection of a quote for award. All CLINs must be priced. Price analysis shall not be conducted on offerors determined to be unacceptable for award, since the offeror will not be in line for award as the lowest priced technically acceptable offeror.

The Government will perform a price analysis to determine the reasonableness of proposed price in accordance with FAR 15.404-1(b). The Government will utilize a comparison of proposed prices received in response to the solicitation.

A 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.

FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (OCT 2018) 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 (u)) of this provision.

(a) Definitions. As used in this provision-- “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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) 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

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as https://www.sam.gov/ those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by…