SF18_SPE1C124Q0445.PDF
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- Attached to
- Crown, Dress Cap, Type I, White 3006
- Solicitation number
- SPE1C124R0445
About this file
This document is a Request for Quotations (RFQ) for the procurement of 28,000 each Crown, Dress Cap, Type I, White 2414 with NSN 8405-01-662-1062. The solicitation is issued as a Small Business set-aside by the Defense Logistics Agency Troop Support Clothing and Textiles. Prices are to be quoted on a firm-fixed-price basis with delivery required within 30 days of the initial order. The contract will be awarded on a Lowest Price Technically Acceptable (LPTA) basis, evaluating offerors' past performance using the Supplier Performance Risk System (SPRS). The RFQ includes requirements for electronic invoicing, RFID tagging at the case, pallet, and item level, compliance with the Berry Amendment, and other standard federal contracting terms and conditions.
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Other files
| File | Type | Posted |
|---|---|---|
| SF30_SPE1C124Q04450001.PDF | ||
| ATTACH_packaging.doc | DOC document | |
| ATTACH_AQAR (4).pdf | ||
| ATTACH_UPC.xls | XLS spreadsheet | |
| ATTACH_Spec.pdf | ||
| ATTACH_BOM (1).pdf | ||
| ATTACH_Tech_Data.doc | DOC document |
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Text version
REQUEST FOR QUOTATIONS THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
4. CERT.FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
5. ISSUED BY
7. DELIVERY
9. DESTINATION
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5 ON OR
BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (See Continuation Sheets)
12. DISCOUNT FOR PROMPT PAYMENT
d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
16. SIGNER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not useable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
SPE1C1-24-Q-0445
1. REQUEST NO.
2024 AUG 06
2. DATE ISSUED
7008548291
3. REQUISITION/PURCHASE REQUEST NO. RATING
DLA TROOP SUPPORT
C AND T SUPPLY CHAIN
700 ROBBINS AVENUE
PHILADELPHIA PA 19111-5096
USA
Buyer: Megan Wherrity PCPQCBC Tel: 215-737-5603 Fax: 215-737-2486 Email: Megan.Wherrity@dla.mil
SEE SCHEDULE
6. DELIVER BY (Date)
8. TO:
c. CITY
d. STATE
b. STREET ADDRESS
a. NAME OF CONSIGNEE
e. ZIP CODE
a. 10 CALENDAR DAYS
b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS
15. DATE OF QUOTATION
a. NAME (Type or Print)
AREA CODE
c. TITLE (Type or Print)d. CITY
c. COUNTY
b. STREET ADDRESS
e. STATE f. ZIP CODE
See Schedule
2024 AUG 09
NUMBER
FOB DESTINATION
OTHER
(See Schedule)
CAGE
b. TELEPHONE
See attached schedule to complete quote information.
Quoter must also complete the following:
a. Quotation is valid for 90 days from date specified in Block 10 above unless otherwise indicated: _____________ .
b. Prices quoted are:
___ Contained in Commercial Catalog or Published Price List No. ___________________ dated _______________ page __________ .
___ Contained in Internal Price List No. _______________dated ____________________, which may be examined at our facility.
___ Commercial sales of comparable quantities: Quantity ____________ ; Price _____________;
___ Customer ________________________.
___ Other (provide basis) ______________________________________ _______________________________________ .
c. FOB Point: ____ Destination ____ Origin Shipping Point (City, State) _________________________________________ .
d. If delivery period shown in Block 6 is unacceptable, provide best possible delivery: _________________________________.
e. Remittance Address (Name, Street, City, State, ZIP): Same as Block 13 unless otherwise indicated below:
f. Vendor FAX Number: ____________________ Vendor Toll-Free Number: ____________________ Vendor E-mail: ______________________________
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 26 PAGES
CONTINUED ON NEXT PAGE
SPE1C1-24-Q-0445
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS
Note: The Commercial Item Description, Bill of Material, and Square Inch table, is provided in the attachments of this solicitation.
Blocks 8-9: The following methods of submitting a proposal are authorized in the solicitation:
DLA Internet Bid Board System (DIBBS): To submit an offer through DIBBS, search for the solicitation and then click the Red "Offer" button on the search results screen (Note: users must be logged in to DIBBS in order to submit the offer through DIBBS). For additional guidance, refer to https://www.dibbs.bsm.dla.mil/refs/help/Solicitations/DIBBS-Upload-Offer-User-Help.pdf.
PRE-PRODUCTION SAMPLE EVALUATIONS
Production Demonstration Models (PDMs) are not required for this acquisition; However, pre-production samples may be required after award. Note that the pre-production samples will be evaluated using the patterns and specifications provided in this solicitation. All previous versions and variations of patterns and specifications for this item are irrelevant.
It is preferred that the materials used to manufacture the pre-production samples be in accordance with any specifications defined in this solicitation. However, if the offeror uses alternate materials to manufacture the pre-production samples a letter must be supplied with them stating (i) which materials depart from the end item specification and (ii) that, although the materials used in producing the pre-production samples differ from those specified, the materials required by the specification will be utilized under the resultant contract.
Note: The use of alternate materials will not affect the rating of pre-production samples, either favorably or negatively when the use of the alternate materials is identified in accordance with the requirements of this section. However, the Government reserves the right to give a negative rating to (a) pre-production sample that is (are) made with materials that depart from the end item specification and the use of those alternate materials was not identified in accordance with the requirements of this section. Accordingly, to preclude a negative assessment of a pre-production sample that is comprised of materials that are not in accordance with the specification(s), it is in the offeror's best interest to identify any and all alternate materials that have been used.
Although the offeror is permitted to use alternate materials to construct the pre-production samples, the offeror is not permitted to utilize alternate manufacturing operations or change the construction/design of the pre-production samples. The pre-production samples must be manufactured (i) at the same facility as the production quantity and (ii) must be in accordance with applicable specifications, including the placement of the labels, unless otherwise identified. However, labels need not be printed for the purpose of the pre-production samples but there must be an indication as to the size of the pre-production sample, when applicable. Therefore, prospective vendors must identify the facility or facilities where the pre-production samples were manufactured.
CAUTION NOTICES:
https://www.dibbs.bsm.dla.mil/refs/help/Solicitations/DIBBS-Upload-Offer-User-Help.pdf
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 26 PAGES
SPE1C1-24-Q-0445
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
PRICE SUSTAINABILITY
As part of the United States Defense Industrial Base, offerors are strongly encouraged to develop pricing that adequately accounts for market risk and volatility, includes sufficient margins to withstand future unforeseen contingencies, and allows for long term viability. Offerors are advised to refrain from submitting any offers or bids with the anticipation that in the event costs increase that there may be a price adjustment and/or cancellation of the contract. Offers are reminded that the awardee is expected to, and will be contractually bound to, perform at the final pricing submitted for the duration of the contract performance period(s) established in this solicitation. The successful performance of your contract is critical to the continued support of our nation's warfighters.
NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER PERFROMANCE RISK SYSTEM IN PAST
PERFORMANCE EVALUATIONS
The Supplier Performance Risk System (SPRS) application (https://www.sprs.csd.disa.mil/) will be used in the evaluation of suppliers' past performance. Reference provision language elsewhere in this solicitation.
“THE GOVERNMENT WILL RESERVE THE RIGHT TO CONSIDER PAST PERFORMANCE INFORMATION THAT
OCCURS FOLLOWING THE CLOSING OF THE SOLICITATION AS WELL”.
LATE BIDS
It is the Offerors responsibility to ensure that offers reach the Government office designated in the solicitation on time.
It is also the responsibility of the Offeror to address and mark offers as specified in FAR 52.212-1(b) - INSTRUCTIONS TO
OFFERORS -- COMMERCIAL ITEMS (JUN 2020)
CAUTION: Facsimile offers are NOT authorized for this solicitation.
BERRY AMENDMENT COMPLIANCE
Offerors are cautioned that all components must be of domestic origin in compliance with DFARS clause 252.225-7012, Preference for Certain Domestic Commodities (DEC 2017).
Section 833 of the National Defense Authorization Act for Fiscal Year 2007 added language to 10 U.S.C. 2533a requiring that all articles or items of "clothing", including the materials and components thereof, purchased by the Department of Defense be grown, reprocessed, reused, or produced in the United States, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof).
Very Important: The vendor must certify their agreement to these terms and conditions of the solicitation by signing and dating the certification located below.
SECTION 833 NATIONAL DEFENSE AUTHORIZATION ACT CERTIFICATION
I, (name) _____________________________ do hereby certify by signature below that all articles or items of “clothing,” including the materials and components thereof, being offered for sale to the Department of Defense have been grown, reprocessed, reused, or produced in the United States, other than sensor, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof).
_____________________________________ (signature).
SYSTEM FOR AWARD MANAGEMENT (SAM)
The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:
https://www.sprs.csd.disa.mil/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 26 PAGES
SPE1C1-24-Q-0445
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
* Central Contractor Registry (CCR)
* Federal Agency Registration (Fedreg)
* Online Representations and Certifications Application
* Excluded Parties List System (EPLS)
All Contractors must register on the SAM website: https://www.sam.gov/portal/public/SAM/ in order to be considered for award.
Offerors are reminded to complete all applicable representations and certifications appearing in this solicitation. Failure to complete all representations and certifications may result in the offer being removed from award consideration for failure to comply with all terms and conditions of the solicitation.
RFID NOTICE TO DLA SUPPLIERS: RFID TAGS
This solicitation contains DFARS clause 252.211-7006, PASSIVE RADIO FREQUENCY IDENTIFICATION. This clause requires the successful awardee(s) to affix passive RFID tags at the case and palletized unit load levels. The successful awardee(s) is also required to electronically submit advance shipment notices to DoD to permit association of the passive RFID tag data with the corresponding shipment.
Advance shipment notice. The Contractor shall use Wide Area Work Flow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://piee.eb.mil.
Procurement Technical Assistance Centers (PTACS) are available to deliver passive RFID assistance to DoD suppliers. See http://www.dla.
mil/db/procurem.html to identify your local PTAC and obtain information on upcoming workshops and other training/outreach services.
NOTE: Tagging is also required at the item level.
An RFID inlay shall be added to the barcode paper hang tag attached to item 0001.
Cost of implementing the item level RFID tagging must be included in the offered price.
RFID HANGTAG:
An RFID inlay shall be added to the barcode paper hang tag attached to each item. Where the use of self-adhesive bar-code labels are authorized, the RFID inlay may be added to the self-adhesive label in lieu of a paper hang tag. All other contract barcode and hang tag requirements still apply.
The RFID inlay should be passive Gen2 with a frequency range between 860 and 960 MHz. The RFID antenna should be Avery/Dennison AD222 or comparable with ISO/IEC 18000-C EPC global C1G2 Protocol and an EPC memory allocation containing a 96 bit EPC Number.
The data linking the EPC number to the NSN and quantity unit pack must be exportable to VIM/ASAP. The bar code of the EPC Number must be printed at the bottom of the tag along with the human readable version below the bar code.
In addition to defects applicable to the paper tag and barcoding element, the RFID tag shall be examined for the defects listed below:
RFID Inlay omitted RFID Inlay not secure RFID Inlay not readable with RFID scanner RFID Inlay or configuration not as specified
The manual document “Item-Level Passive RFID Technology Manufacturer's Information Guide" provides guidance and is available from the Contracting Officer and as an attachment.
ELECTRONIC INVOICING AND ADVANCED SHIPMENT NOTIFICATIONS (ASN)
The Directorate of Clothing and Textiles (C&T) requires electronic invoicing on all contracts unless another method is mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.
Utilization of Wide Area Workflow - Receipts and Acceptance (WAWF-RA) in conjunction with DFARS 252.232-7003, ELECTRONIC
SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS.
The Directorate of Clothing and Textiles utilizes DLA Virtual Item Manager ARN Supply-Chain Automated Processing (VIM-ASAP), to https://www.sam.gov/portal/public/SAM/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 26 PAGES
SPE1C1-24-Q-0445
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
transmit data to WAWF-RA. VIM-ASAP is the only authorized method to electronically process requests for payment to WAWF-RA for the Directorate of Clothing and Textiles. VIM-ASAP will give you visibility of contract information, track production status and print labels.
VIM-ASAP pre-populates contract data on your invoices, such as unit price, contract numbers, item numbers, addresses, and many other fields that will save you labor and time.
Advanced Shipment Notifications (ASNs) associated with DFARS clause 252.211-7006, PASSIVE RADIO FREQUENCY IDENTIFICATION (MAR 2018) are sent via VIM-ASAP to WAWF-RA processes. Please contact the VIM-ASAP help desk at 888-940-7348 to get started today!
STOP SHIPMENT DELAYS AND REJECTIONS!
For deliveries to New Cumberland depot or the 3PL-Third Part Logistics locations, ensure your Government or Commercial Bills of Lading are correctly annotated with the following information in the description of articles:
* Carrier Name
* Number of Pallets
* Vendor Name
* Contract Number
* Delivery Order Number
* Shipment Number
Notes: (1) Only LVI and Travis require deliveries to be scheduled by appointment. For the other 3PLs, advance notice is recommended but not required.
(2) 3PL warehouses are closed on Federal Holidays.
If a carrier is unable to make a delivery appointment on time or needs to reschedule, the carrier should contact the “Schedule Deliveries” phone numbers below to inform the 3PL and make other arrangements.
DoDAAC: SD0131 RIC: VSTZ
Name and Delivery Address: Travis Association For The Blind
AF & MC 3PL -Distribution Services
4512 South Pleasant Valley Road
Austin, Texas 78744
Supports: Air Force and Marine Corps Recruit (Bag) Items and Organizational Clothing and Individual Equipment (OCIE) Items to the Southwest Region (All Services)
Receiving Hours: 7:00AM - 2:00PM
Schedule Deliveries: 512-647-4700; email: deliveryappointment@austinlighthouse.org mailto:deliveryappointment@austinlighthouse.org
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 26 PAGES
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
C&T POC: Marcus Hawkins, 512-647-4675
Do not let the following common invoicing errors delay your payments any longer:
Missing or Erroneous Contract Number Missing Call/Delivery Order Number Missing or Erroneous Shipment Number Failure to Mark DD250 as an Original Invoice Failure to Distribute a Copy of the DD250 to the Contract Administration Office Terminal Contract Line Item Number (CLIN) is Omitted, Incorrect or Does Not Match that Appearing in the Contract Missing or Erroneous Unit of Issue Quantity and Price are Incorrect Wrong Pay Office on Invoice
Here are three things you can do to speed your invoice payments:
Be sure your original invoice is properly completed and legible.
Submit your invoices electronically using the Web Invoicing System (WInS). It's fast, accurate, and costs you nothing! Learn more at the WInS Home Page, at: https://www.ecweb.dfas.mil/notes/ , and start using WInS with your next invoice! Or
If you currently receive delivery orders electronically, you could benefit by using an 810- invoice transaction.
Web Invoicing eliminates postage, snail mail, and much paperwork, and gets the invoice/voucher into the DFAS system usually within 24 hours. Web Invoicing is free to vendors doing business with the Government. You just enter the appropriate information and send your invoice to DFAS electronically. It provides help text and pull-down menus in many fields. For more specific questions, contact Janice Hockman (703) 607-5111, Kirsten Larco (703) 607-4920 or Debra Jones (703) 607-2082.
For questions about sending Electronic Data Interchange invoices (810-invoice transactions), contact Mr. Bud Wellens at (215) 737-2778.
For questions about paper invoice preparation, just call the DFAS Customer Service Resource Center at 1-800 756-4571, or Call DLA Troop Support DFAS liaisons listed below for assistance: Camille Conaway (215) 737-4406.
Check out these resources:
http://www.dfas.mil/money/vendor the DFAS Contract Payment Booklet… an excellent desk reference for contractor Accounts Receivable personnel, as well as the status of outstanding invoices.
http://www.dfas.mil/ information regarding bill paying process and additional points of contact. http://www.dfas.mil/ecommerce/myInvoice/ gettingstarted.html....myInvoice is an interactive web application developed specifically for contractors/vendors and government/military employees to obtain invoice status. It is available 24/7.
CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS
FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)
DOCUMENTS/REFERNCES BELOW ARE INCORPORATED IN THIS SOLCITATION BY REFERENCE:
A. DLA Troop Support Clothing & Textiles Additional Quality Assurance Requirements August 2021* (formerly 4155.3 dated 03 November
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 26 PAGES
SPE1C1-24-Q-0445
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
1977) B. Item-Level Passive RFID Technology Manufacturer's Information Guide, Revision 2, December 2011.
C. DLA Labeling and Packaging Requirements for Dress Clothing (September 2018)
PATIENT PROTECTION AND AFFORDABLE HEALTH CARE ACT
Please note that the Patient Protection and Affordable Health Care Act ("the Act"), 124 Stat. 119, imposes duties upon employers concerning the provision of health care to their employees. Health insurance costs, including any costs associated with compliance with changes in the applicable law, are the sole responsibility of the offeror. Offerors are advised that their proposals should include any costs associated with the implementation of the Act. Any changes in health coverage costs and/or costs associated with compliance, occurring after award of a contract pursuant to this solicitation will not form the basis for an equitable adjustment of the contract price.
The Additional Documents - Clothing And Textiles (Dec 2008) DLA Troop Support are available as shown below:
DLA Troop Support Directorate of Clothing and Textiles
ATTN: DSCP-CBTC
700 Robbins Avenue Philadelphia, PA 19111-5092 Telephone [215] 737-8439
NOTICE TO DLA SUPPLIERS: DLA Troop Support has developed a web-based system that allows manufacturers the ability to request specifications, patterns and drawings on our contracting page. To request technical data for this solicitation use the following link to the DLA Troop Support C&T Technical Data Repository area at:
http://www.dla.mil/TroopSupport/ClothingandTextiles/SpecRequest.aspx
Please ensure the following required fields are entered when submitting your request:
Item 0001: Crown, Dress Cap, Type I, White 2414 (PGC: 00013)/ 8405-01-662-1062 Spec/CID Number: MIL-DTL-18186E Spec/CID Date: 13 FEB 2017 Pattern Date: 17 OCT 2016 Solicitation Number: SPE1C1-24-R-0445
Offerors are reminded to complete all applicable representation and certifications appearing in FAR 52.212-3 section of this solicitation. In addition, all offerors must complete annual representations and certifications electronically via the Online Representations and Certifications Application (website at: http://www.sam.gov).
Offerors are cautioned to make their original offer their best offer, as the Government reserves the right to make an award based on the initial offers without further discussions or negotiations.
Offer must provide fill-in information throughout the solicitation. Please sign page one of this solicitation and return the entire completed solicitation as your offer.
NOTE: THE DEFENSE APPROPRIATIONS AND AUTHORIZATIONS ACTS AND OTHER STATUTES (INCLUDING WHAT IS COMMONLY REFERRED TO AS "THE BERRY AMENDMENT") IMPOSES RESTRICTIONS ON THE DOD'S ACQUISITION OF FOREIGN PRODUCTS. GENERALLY, CLOTHING AND TEXTILE ITEMS (AS DEFINED IN DFARS 252.225-7012) MUST BE GROWN, REPROCESSED, REUSED, OR PRODUCED IN THE UNITED STATES UNLESS ONE OF
THE DFARS 252.225-7002-2 EXCEPTIONS APPLIES.
AUTHORIZED NEGOTIATORS:
The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 26 PAGES
SPE1C1-24-Q-0445
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.
Name: __________________________
Title: __________________________
Email: __________________________
Phone: __________________________
SUPPLIES AND PRICES
Item 0001: Crown, Dress Cap, Type I, White 2414
PGC: 00013/ NSN Series: 8405-01-662-1062
Quantity 28,000 Each
Inspection and Acceptance: Origin
Prices are to be based on F.O.B Destination only.
ITEM UNIT OF ISSUE UNIT PRICE
Crown, Dress Cap, Type I, EA _______________
White 2414
Production Lead Time: The production lead time is 30 days after the date of the initial order.
The Government intends to make one award.
Item 0001 Ship to:
DoDAAC: SD0131 RIC: VSTZ
Name and Delivery Address: Travis Association For The Blind
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 26 PAGES
SPE1C1-24-Q-0445
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
AF & MC 3PL -Distribution Services
4512 South Pleasant Valley Road
Austin, Texas 78744
SECTION M - EVALUATION FACTORS FOR AWARD
M05 EVALUATION FACTOR FOR USED, RECONDITIONED, REMANUFACTURED SUPPLIES OR UNUSED FORMER
GOVERNMENT SURPLUS PROPERTY (SEP 2016)
The solicitation is sued as a Small Business set-aside and will result in a firm fixed price contract. Evaluation shall occur on a LPTA (Lowest Price Technically Acceptable) basis, where acceptability must be attained in the following non-price evaluation factors:
Non-price evaluation factors for award are the following:
Supplier Performance Risk System (SPRS)
SECTION C - SPECIFICATIONS/SOW/SOO/ORD
C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023)
SECTION E - INSPECTION AND ACCEPTANCE
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
SECTION F - DELIVERIES OR PERFORMANCE
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
52.247-34 F.O.B. DESTINATION (NOV 1991) FAR
SECTION I - CONTRACT CLAUSES
52.247-48 F.O.B. DESTINATION - EVIDENCE OF SHIPMENT (FEB 1999) FAR
52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) FAR
As prescribed in 46.710(a)(1), insert a clause substantially as follows:
(a) Definitions. As used in this clause.
“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.
“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”
(b) Contractor's obligations.
(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 12 MONTHS [Contracting Officer shall state specific period of time after delivery, or the specified
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SPE1C1-24-Q-0445
SECTION I - CONTRACT CLAUSES (CONTINUED)
event whose occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any applicable events or periods of time].
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.
(c) Remedies available to the Government.
(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 13 MONTHS AFTER THE LAST DELIVERY [Contracting Officer shall insert specific period of time; e.g., “45 days of the last delivery under this contract,” or “45 days after discovery of the defect”].
(2) Within a reasonable time after the notice, the Contracting Officer may either.
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer.
(A) May, for sampling purposes, group any supplies delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;
(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.
(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.
(4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor.
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or
(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.
(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.
(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.
(End of clause)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022) FAR
52.219-14 LIMITATIONS ON SUBCONTRACTING (CLASS DEVIATION 2021-O0008) (FEB 2023) FAR Use the following clause in lieu of the Federal Acquisition Regulation (FAR) clause 52.219-14, as prescribed at FAR 19.507(e):
(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 --
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(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, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), 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. The following services may be excluded from the 50 percent limitation:
(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.
(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(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.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024) FAR
Insert the following deviation clause in solicitations and contracts that are set aside for service-disabled veteran-owned small business concerns under the service-disabled veteran-owned small business program and when the contract amount is expected to exceed the simplified acquisition threshold unless-
(a) A personal services contract is contemplated (see 37.104); or(b) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.
(a) Definitions. As used in this contract— HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM.
Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—
(1) (i) Not less than 51 percent of which is owned and controlled 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; or
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(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent of which is owned and controlled (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 the threshold at 13 CFR 124.104(c)(2) 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.
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 small business concern means a small business concern-
(1) That 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 stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.
(c) (1) A joint venture qualifies as a small business concern if—
(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or
(ii) The protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under a SBA mentor-protégé program. (See 13 CFR 125.9(d).)”; and
(2) A joint venture qualifies as a HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).
(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance.
The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.
(e) (1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.
(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if–
(i) The subcontractor is registered in SAM; and
(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.
(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.
(4) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm the representation by accessing SAM.
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52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) FAR
52.215-6 PLACE OF PERFORMANCE (OCT 1997) FAR
(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks “i ntends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:
Place of Performance (Street Address, City, State, County, ZIP Code)
Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent
(End of Provision)
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (JAN 2023) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2024-O0013)
(MAY 2024) DFARS
(a) Definitions. As used in this clause
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
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