RFQ SP330022Q5031.pdf

SP3300-22-Q-5031

REQUEST FOR QUOTE

1. Issuing Office:

DLA Distribution Acquisition Operations (J7) 5430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP3300-22-Q-5031.

3. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022- 06 effective 26 April 2022 and Defense Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice (DPN) 20220623 effective 23 June 2022 and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2022-06 effective 31 March 2022. The complete text of any of the clauses and provisions are:

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

4. This Request for Quotation (RFQ) is being issued to establish a Firm-Fixed Price (FFP) Purchase Order for the requirement to provide the installation of pallet racks for six (6) buildings at five (5) Defense Logistics Agency (DLA) distribution centers. The Government intends to award a purchase order as a result of this RFQ and will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

5. This RFQ is being solicited as 100% small business set aside. The North American Industry Classification System (NAICS) code for this project is 238290 and the size standard is $19,500,000.00. The Product or Service Code (PSC) for this acquisition is N039.

6. Period of Performance: Refer to Attachment 1 – Statement of Work (SOW) paragraph 3.6.4.

Project installation complete date: 240 days after date of award.

7. This requirement is subject to the Service Contract Act. The following wage determinations are provided at Attachment 7a-e.

a. (DDSP) Wage Determination No. 2015-4245 Revision No. 19 dated 06/27/2022.

b. (DDOO) Wage Determination No. 2015-5315 Revision No. 19 dated 07/13/2022.

c. (DDRV) Wage Determination No. 2015-4313 Revision No. 20 dated 06/30/2022.

d. (DDWG) Wage Determination No. 2015-4495 Revision No. 20 dated 07/06/2022.

e. (DDJF) Wage Determination No. 2015-4539 Revision No. 19 dated 07/06/2022.

8. INSURANCE: Reference FAR Clause 52.228-5 Insurance-Work on a Government Installation located in this solicitation. The minimum amount/kind of insurance is shown below:

Workers’ Compensation and Employer’s Liability - $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.) General Liability- $500,000 per occurrence https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

Automobile Liability – Property damage $20,000 per occurrence, Bodily injury $200,000 per person and $500,000 per occurrence When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.

9. ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION

Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor’s responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

10. ORGANIZATIONAL CONFLICT OF INTEREST

The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

11. 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: _____________________________________________

12. INVOICING AND PAYMENT – Invoicing and Payment will be made via Wide Area Work Flow. See

DFARS 252.232-7006.

13. COMMERCIAL INTERIM PAYMENT:

a. Partial Payments IAW FAR 32.102(d) are authorized under this requirement as specified below:

Payment 1: Actual cost of materials delivered and accepted by the Contracting Officer Representative (COR) to be validated with supplier invoices.

Payment 2: Installation of material and verification by the COR that the system is functional. The total value of the partial payments shall not exceed 70 percent of the total dollar of the purchase order.

b. All material and work covered by the partial payments shall, at the time of payment, become the sole property of the Government, but this shall not be construed as: (1) Relieving the contractor from the sole responsibility for all material and work upon which payments have been made for the restoration of any damaged work; or (2) Waiving the right to the Government to require the fulfillment of all the terms of the contract.

c. Final payment of the purchase order shall be made upon final acceptance of all deliverables by the Government and completion of final operational test.

d. The final payment shall be the total price less Payments 1 and 2

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

15. DLAD L07 Site Visit Instructions (OCT 2016):

A pre-award site visit will not be conducted.

16. QUESTIONS: Questions regarding this RFQ shall be submitted by electronic mail to the Acquisition Specialist, Ben Bailey, via email at benjamin.bailey@dla.mil, Subject: SP330022Q5031 RFQ Question.

Question(s) must be received by 1:00 PM EDT on 11 August 2022.

**Note to Offerors: Funding is currently subject to availability for this project. An award will not be issued until funding is available. It is anticipated that an award will be made before the Fiscal Year (FY) end.

ATTACHMENTS:

Attachment 1 – Statement of Work (SOW) Attachment 2a - Drawing (DDSP ME105 Pallet Rack Layout) Attachment 2b - Drawing (DDOO 416 and 812 Rack Requirements R2) Attachment 2c - Drawing (DDOO Bldg. 812 Pallet Rack Layout) Attachment 2d - Drawing (DDWG Bldg. 351 Pallet Rack Storage System) Attachment 2e - Drawing (DDWG Bldg. 368 Rack Layout Bays A-B-C) Attachment 2f - Drawing (DDRV Bldg. 11 Pallet Rack Layout) Attachment 2g - Drawing (DDJF 796 FLOOR PLAN Bays 1 and 3) Attachment 3 – Wage Determination Attachment 4 – Kit Requirements by Site Attachment 5 – New Rack Requirements by Site Final Attachment 6 – VA COCO Upright Adjustment Notes Attachment 7a – Wage Determination (DDSP) Attachment 7b – Wage Determination (DDOO) Attachment 7c – Wage Determination (DDRV) Attachment 7d – Wage Determination (DDWG) Attachment 7e – Wage Determination (DDJF)

The following clauses are incorporated by reference:

ADDENDA TO 52.212-4 (CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS) NOV 2021

FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.203-6 Restrictions on Subcontractor Sales to the Government—Alternate I mailto:benjamin.bailey@dla.mil

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-13 System for Award Management Maintenance FAR 52.204-14 Service Contract Reporting Requirements FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.217-7 Option for Increased Quantity – Separately Priced Line item FAR 52.223-5 Pollution prevention and Right-to-Know Information FAR 52.223-6 Drug-Free Workplace FAR 52.223-10 Waste Reduction Program FAR 52.228-5 Insurance-Work on a Government Installation FAR 52.229-3 Federal, State, and Local Taxes FAR 52.229-12 Tax on Certain Foreign Procurements—Notice and Representation FAR 52.232-1 Payments FAR 52.232-8 Discounts for Prompt Payment FAR 52.232-11 Extras FAR 52.232-17 Interest 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 52.239-1 Privacy or Security Safeguards FAR 52.242-13 Bankruptcy FAR 52.242-15 Stop Work Order FAR 52.245-1 Government Property FAR 52.245-9 Use and Charges FAR 52.246-4 Inspection of Services – Fixed-Price FAR 52.247-34 F.O.B. Destination FAR 52.253-1 Computer Generated Forms DFARS 252.201-7000 Contracting Officer’s Representative DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7003 Agency Office of the Inspector General DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7000 Disclosure of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support

Contractors DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism DFARS 252.211-7003 Item Unique Identification and Valuation DFARS 252.211-7007 Reporting of Government-Furnished Property

DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7021 Trade Agreements (Deviation 2020-O0019) DFARS 252.225-7048 Export Controlled Items DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns DFARS 252.227-7015 Technical Data--Commercial Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea

The following clauses are incorporated by full text:

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (MAY 2022)

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

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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. (Nov 2021) ( 31 U.S.C. 6101 note).

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644) 52.219-8 Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)) 52.219-28 Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)) 52.222-3 Convict Labor (Jun 2003) (E.O.11755) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) (E.O.11246) 52.222-35 Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212) 52.222-37 Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) 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 (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter

67) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706)

(End of clause)

FAR 52.219-14 – Limitations on Subcontracting (SEP 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to— (1)Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2)Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4)Orders expected to exceed the simplified acquisition threshold and that are— (i)Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5)Orders, regardless of dollar value, that are— (i)Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6)Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for— (1)Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2)Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3)General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4)Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [Contracting Officer check as appropriate.]

□ By the end of the base term of the contract and then by the end of each subsequent option period;

or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g)A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(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):

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

(End of Clause)

DFARS 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation

2021-O0009) (OCT 2021)

(a) Definition. As used in this clause –

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(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.

(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.

____________2 in 1 Invoice________________________________________________

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

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

____________________N/A________________________

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

(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 N/A

Ship From Code N/A Mark For Code N/A

Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) SB3300

Accept at Other DoDAAC N/A LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

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

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

_N/A_____________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(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 Procurement note)

C05 Changes to Key Personnel (OCT 2016) Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business proposal for evaluation. The contractor shall use key personnel as identified in its proposal during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government.

(End of Procurement note)

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 52.209-5 Certification Regarding Responsibility Matters FAR 52.219-1 Small Business Program Representations 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 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation

DFARS 252.203-7005 Representation relating to compensation of former DOD officials DFARS 252.204-7007 Alternate A, Annual Representations and Certifications DFARS 252.204-7008 Compliance with safeguarding covered defense information controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7974 Representation Regarding persons that have Business Operations with the Maduro

Regime DFARS 252.247-7022 Representation of Extent of Transportation by Sea

The following provisions are incorporated by full text:

FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(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 Firm-Fixed-Priced (FFP) 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. Joshua Woodworth, Contracting Officer, 5430 Mifflin Ave, Suite 3102A, New Cumberland, PA 17070-5008.

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

(End of Provision)

FAR 52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

DLAD 5452.233-9001 – DISPUTES-AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(ADR) (JUN 2020)

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

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party.

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

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

(End of Provision)

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

QUOTE PREPARATION INSTRUCTIONS

1. Your quote must be received electronically via email at benjamin.bailey@dla.mil by 1:00 PM EDT on 29 August 2022.

2. Quotes shall include all required documentation as listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. Instructions contained herein are to serve as a guide in preparation of quotes; however, they are not intended to be all inclusive. The instructions generally describe the type and extent of information, which should be provided in the quote. The offeror is expected to completely examine and analyze all aspects of the technical/business, past performance, and price areas to be addressed, and to include information in the quote, which will enable the evaluators to determine the offeror’s understanding of the requirements in each of the above areas.

3. Quotes must have the following Controlled Unclassified Information (CUI) and Source Selection Sensitive references marked/incorporated into the appropriate pages on each quote file:

- Header on all pages:

1st Line of Header: “CUI” 2nd Line of Header: “Source Selection Information – See far 2.101 and 3.104”

- 1st page, bottom right corner (above footer):

Controlled by: *Insert Offeror Name* https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ mailto:benjamin.bailey@dla.mil

CUI Category: SSEL (Source Selection) Distribution/Dissemination Control: FEDCON POC: *Insert Offeror POC and Contact Information*

- Footer (at very bottom) on all pages stating “CUI”

4. Organization/Number of Copies/Page Limits: The…