SP3300-24-Q-0172.docx
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- Attached to
- Special Packaging Instruction Container Federal contract opportunity
- Solicitation number
- SP3300-24-Q-0172
- Issued by
- Defense Logistics Agency Distribution
About this file
This document is a combined synopsis/solicitation for a Request for Quote (RFQ) issued by the Defense Logistics Agency (DLA) Distribution Acquisition Operations for special packaging instruction containers. DLA is seeking quotes from small businesses to establish a firm-fixed price purchase order for 100 wood containers fabricated to the provided specifications and drawings. The RFQ sets a 45-day delivery schedule after receipt of order and requires the contractor to submit a sample container within 15 days of contract award for approval. Quotes must be received by 1:00 PM EST on June 3, 2024, and will be evaluated for technical capability, past performance, and price on a lowest price technically acceptable basis. Award will be made to the lowest priced, technically acceptable offeror.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 1 - Container Requirements.docx | DOCX document | |
| Attachment 3 - SPI Number 01-113-8188.pdf | ||
| Attachment 2 - SPI Container Sketch.pdf |
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Text version
SP3300-24-Q-0172
NOTICE TO QUOTERS
1. Issuing Office:
DLA Distribution Acquisition Operations (J7) 5430 Mifflin Avenue 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 Simplified Procedures for Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP3300-24-Q-0172.
3. This notice incorporates provisions and clauses in effect under:
| REGULATION |
| IDENTIFICATION |
| EFFECTIVE DATE |
| Federal Acquisition Circular |
| 2024-05 |
| April 22, 2024 |
| Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) |
| 20240425 |
| April 25, 2024 |
| Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through PROCLTR |
| 2024-05 |
| April 17, 2024 |
The complete text of any of the clauses and provisions are available electronically from the following sites:
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 special packaging instruction containers for DLA Distribution Corpus Christi, Texas. The Government intends to award one (1) contract as a result of this RFQ and will be issued on a Standard Form 1449. This acquisition is not a Defense Priorities and Allocations System rated procurement. |
| 5. | This RFQ is being solicited as a 100% Small Business Set-Aside. The North American Industry Classification System code for this acquisition is 321920 and the size standard is 500 employees. The Product or Service Code for this acquisition is 8115. |
6. DELIVERY SCHEDULE:
45 days ARO
7. DELIVERY INFORMATION:
SW3222
DLA Distribution Corpus Christi 540 First St. S.E., Bldg. 1846 Corpus Christi, TX 78419
8. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation; Materials Inspection and Receiving Report (DD250), Bill of Lading, Packing List, Tracking/Delivery Confirmation or Invoice. To ensure prompt payment to your company, the Proof of Deliveries must include the following:
· CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER
· DELIVERY ORDER NUMBER (as applicable)
· CLIN /MATERIAL NUMBER
· SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED
· PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE
9. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the SAM database by the quotation submission date, during performance and through final payment of any contract resulting from this solicitation. Quoters 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 SAM Database.
Company Name:
Company Address:
Telephone:
Cage Code:
Point of Contact:
Email:
10. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.
11. SAMPLE CONTAINER: The Contractor shall submit one (1) sample of the shipping container within (fifteen) 15 calendar days after date of contract award to the Government Point of Contact at DLA Distribution Corpus Christi Texas for approval. Within ten (10) calendar days after receipt of the sample, the Government shall notify the vendor concerning acceptability of the sample. The acceptable sample will count as part of the delivery quantity. If the sample does not comply with the technical specifications, the Contractor shall be responsible for correction and resubmittal of the sample at no cost to the Government. If the Contractor cannot provide acceptable samples, the Government reserves the right to terminate the contract award and either issue an award to the next lowest offeror or resolicit the requirement. The Government reserves the right to waive the sample requirement in writing, at its own discretion.
12. 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.
13. REQUIREMENTS FOR PALLETS: Material must be shipped on serviceable, winged pallets in accordance with MD00100452, Revision C, dated 09/2016. Please reference the following link for more information:
https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx
The complete specification for winged pallets can be found in Part 9 of ANSI MH1. The pallet must be heat treated, certified, and stamped or branded with the appropriate certification markings in accordance with DOD Manual 4140.65-M.
Please reference the DLA Master List of Technical and Quality Requirements for information at this link: https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/
Additional information can be found at:
https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx
Failure to deliver supplies on pallets with these specifications will result in the Government not accepting the shipment when it arrives at destination. The quoter must quote shipment of supplies in accordance with this requirement.
14. Questions regarding this solicitation shall be submitted by electronic mail to the Contract Specialist, via email Tom Semones at thomas.semones@dla.mil Subject: SP3300-24-Q-0172 RFQ Question. Question(s) must be received by 1:00 PM Eastern Standard Time (EST) on May 24, 2024. Answers to questions will be posted to the SAM.GOV website via an amendment to the solicitation.
15. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying process.
16. 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.
17. ADDITIONAL REQUIRED INFORMATION: The quoter shall provide the following information:
The quoter is the Manufacturer OR Distributor of this product (check one):
| Manufacturer |
| Distributor |
If a Distributor, the quoter is quoting a product made by the following manufacturer _____________________
If a Distributor, quoter is free to set their own pricing: _______YES or _______NO
Quoter’s proposed delivery schedule:
All CLINs within ________ days after receipt of delivery order (reference FAR clause 52.211-9)
SCHEDULE OF SUPPLIES
1. The quoter shall provide wood containers fabricated in accordance with Attachment 1 – Container Requirements.
2. The SPI Sketch is provided at Attachment 2 and the SPI 01-113-8188 is provided at Attachment 3.
3. Prices shall be quoted as FOB Destination.
| CLIN |
| Description |
| Quantity |
| Unit of Issue |
| Unit Price |
| Price |
| 0001 |
| Wood Container constructed in accordance with and Attachment 2 – SPI Sketch and Attachment 3 - Special Packaging Instruction 01-113-8188. Part Numbers 1-4 and 8 are required. |
| 100 |
| EA |
| $ |
| $ |
LIST OF ATTACHMENTS
1. Attachment 1 – Container Requirements
2. Attachment 2 - SPI Container Sketch
3. Attachment 3 - SPI 01-113-8188
SOLICITATION CLAUSES:
ADDENDA TO 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services (NOV 2023)
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
| FAR |
| 52.202-1 |
| Definitions |
| FAR |
| 52.203-3 |
| Gratuities |
| FAR |
| 52.203-12 |
| Limitation on Payments to Influence Certain Federal Transactions |
| FAR |
| 52.204-13 |
| System for Award Management Maintenance |
| FAR |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications |
| FAR |
| 52.204-27 |
| Prohibition on a ByteDance Covered Application |
| FAR |
| 52.209-4 |
| First Article Approval-Government Testing |
| FAR |
| 52.232-1 |
| Payments |
| FAR |
| 52.232-8 |
| Discounts for Prompt Payment |
| FAR |
| 52.232-11 |
| Extras |
| FAR |
| 52.232-23 |
| Assignment of Claims |
| FAR |
| 52.232-25 |
| Prompt Payment |
| FAR |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| FAR |
| 52.233-1 |
| Disputes |
| FAR |
| 52.242-15 |
| Stop-Work Order |
| FAR |
| 52.243-1 |
| Changes-Fixed Price |
| FAR |
| 52.246-2 |
| Inspection of Supplies-Fixed Price |
| FAR |
| 52.247-34 |
| F.o.b. Destination |
| FAR |
| 52.252-4 |
| Alterations in Contract |
| FAR |
| 52.253-1 |
| Computer Generated Forms |
| DFARS |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| DFARS |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| DFARS |
| 252.204-7003 |
| Control of Government Personnel Work Product |
| DFARS |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| DFARS |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| DFARS |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| DFARS |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| DFARS |
| 252.225-7001 |
| Buy American and Balance of Payments Program--Basic |
| DFARS |
| 252.225-7002 |
| Qualifying Country Sources as Subcontractors |
| DFARS |
| 252.225-7012 |
| Preference for Certain Domestic Commodities |
| DFARS |
| 252.225-7048 |
| Export Controlled Items |
| DFARS |
| 252.225-7056 |
| Prohibition Regarding Business Operations with the Maduro Regime |
| DFARS |
| 252.225-7972 |
| Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015) |
| 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 |
| 252.244-7000 |
| 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 Executive Orders -- Commercial Products and Commercial Services (FEB 2024)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) |
| 52.204-27 |
| Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328) |
| 52.204-30 |
| Federal Acquisition Supply Chain Security Act Orders-Prohibition (Dec 2023) |
| 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) |
| 52.219-6 |
| Notice of a Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644) |
| 52.219-28 |
| Post Award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)) |
| 52.222-3 |
| Convict Labor (June 2003) (E.O. 11755) |
| 52.222-19 |
| Child Labor—Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126) |
| 52.222-21 |
| Prohibition of Segregated Facilities (Apr 2015) |
| 52.222-26 |
| Equal Opportunity (SEP 2016) (E.O.11246) |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) |
| 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) |
| 52.232-33 |
| Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332) |
(End of Clause)
FAR 52.211-9 Desired and Required Time of Delivery (JUN 1997)
(a) The Government desires delivery to be made according to the following schedule:
DESIRED DELIVERY SCHEDULE
| ITEM NO. |
| QUANTITY |
| WITHIN DAYS AFTER DATE OF AWARD |
| 0001 |
| 100 |
| 45 DAYS |
If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:
REQUIRED DELIVERY SCHEDULE
| ITEM NO. |
| QUANTITY |
| WITHIN DAYS AFTER DATE OF AWARD |
| 0001 |
| 100 |
| 60 DAYS |
Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE:
ALL CLINS WITHIN __________DAYS AFTER RECEIPT OF AWARD.
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
(End of Clause)
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This notice incorporates provisions and clauses in effect under:
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):
The complete text of any of the clauses and provisions are available electronically from the following sites:
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)
252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006) (FEB 2024)
(a) Definitions. As used in this clause— “Business operations” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include—
(1) Any shipment subject to price caps as specified in the —
(i) “Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil”, issued on December 2, 2022, between member countries of that coalition; or
(ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or
(A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary; or
(B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including—
(1) Any action to secure or divest from facilities, property, or equipment;
(2) The provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and;
(3) Activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia.
Fossil fuel company means an entity or individual that—
(1) Carries out oil, gas, or coal exploration, development, or production activities;
(2) Processes or refines oil, gas, or coal; or
(3) Transports, or constructs facilities for the transportation of, Russian oil, gas, or coal.
(b) Prohibition. In accordance with section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), the Contractor is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any entity or individual that is known to be, or that is known to have fossil fuel business operations with an entity or individual that is, not less than 50 percent owned, individually or collectively, by—
(1) An authority of the government of the Russian Federation; or
(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas—
(i) Through the Russian Federation for sale outside of the Russian Federation; and
(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services.
(End of Clause)
DFARS 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023)
(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. |
____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.
_______Not Applicable_________ (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 – SW3222 Ship From Code -- N/A Mark For Code -- N/A Service Approver (DoDAAC) -- N/A Service Acceptor (DoDAAC) – N/A Accept at Other DoDAAC -- N/A LPO DoDAAC -- N/A DCAA Auditor DoDAAC -- N/A Other DoDAAC(s) -- N/A
| (4) | Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. |
| (5) | Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. |
(g) WAWF point of contact.
| (1) | The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Thomas.semones@dla.mil. |
| (2) | Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. |
(End of Clause)
DLAD Procurement Note C03 Contractor Retention of Supply Chain Traceability Documentation
(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements.
(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source's Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.
(3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance- Program/).
(4) The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.
(End of Procurement Note)
L06 Agency Protests (DEC 2016)
Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.
(End of Text)
SOLICITATION PROVISIONS:
THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:
| FAR |
| 52.204-7 |
| System for Award Management |
| FAR |
| 52.204-22 |
| Alternative Line Item Proposal |
| FAR |
| 52.204-29 |
| Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures |
| FAR |
| 52.211-6 |
| Brand Name or Equal |
| FAR |
| 52.212-3 |
| Offeror Representations and Certifications – Commercial Items |
| FAR |
| 52.225-18 |
| Place of Manufacture |
| DFARS |
| 252.203-7005 |
| Representation Relating to Compensation of Former DOD Officials |
| DFARS |
| 252.204-7008 |
| Compliance with Safeguarding Covered Defense Information Controls |
| DFARS |
| 252.204-7024 |
| Notice on the Use of the Supplier Performance Risk System |
| DFARS |
| 252.215-7013 |
| Supplies and Services Provided by Nontraditional Defense Contractors |
| DFARS |
| 252.225-7035 |
| Buy American – Free Trade Agreements – Balance of Payments |
| DFARS |
| 252.225-7055 |
| Representation Regarding 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:
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 Items. 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)
52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023) As prescribed in 4.2306(b), insert the following provision:
Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of Provision) FAR 52.216-1 Type of Contract (APR 1984)
The Government contemplates award of a single Fixed-Price purchase order resulting from this solicitation.
(End of Provision)
FAR 52.233-2 Service of Protest (SEP 2006)
| (a) | Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from DLA Distribution J7 Acquisition Operations, Attn. Erik Smith, Contracting Officer, 5430 Mifflin Ave, 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/
(End of Provision)
DLAD 5452.233-9001, Disputes – Agreement to Use Alternate 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)
ADDENDA TO FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)
Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:
(c) Period of acceptance of offers. The quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
The following three (3) paragraphs under referenced provision 52.212-1 are hereby deleted:
(d) Product samples
(e) Multiple offers
(h) Multiple awards
QUOTE PREPARATION INSTRUCTIONS
| 1. | All quotes must be received by the Contract Specialist, Tom Semones, electronically via email at Thomas.semones@dla.mil, by 1:00 PM Eastern Standard Time on June 3, 2024. Facsimile and hard copy submissions of quotes will not be accepted. Offerors are reminded of the provision set forth in FAR 52.212-1(f), Instructions to Offerors – Commercial Items - Late submissions, modifications, revisions, and withdrawals of offers, that provides that: Quoters are responsible for submitting offers, and any modifications, revisions, or withdrawals, to reach the Government office designated in the solicitation by the time specified in the solicitation. |
| 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. |
| 3. | 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. |
| 4. | The quoter is expected to completely examine and analyze all aspects of the technical, past performance, and price areas to be addressed, and to include information in the quote which will enable the evaluators to determine the quoter’s understanding of the requirements in each of the above areas. |
| 5. | Controlled Unclassified Information (CUI). Quotes must have the following CUI reference marked/incorporated into the appropriate pages and locations on each quote e-file. |
· Header of all pages should state: “CUI”
· First page of each electronic file (E-File) on the bottom right corner (above footer):
Controlled by: Quoter Name CUI Category: SSEL Distribution/Dissemination Controls: FED ONLY POC (Name and Email: To be Completed by Quoter
· Footer (at very bottom) on all pages stating “CUI”
For Excel Files:
· First row on all sheets, merge & center over second row text: “CUI”
· Last row on all sheets, merge & center under final row of text: “CUI”
All contractor personnel certifications and other documents containing Personally Identifiable Information (PII) shall be marked “CUI” and “Personally Identifiable Information (PII) Safeguard IAW DoD Privacy Program and Privacy Act of 1974.”
6. Organization/Page Limits: The quoter shall prepare the quote as set forth in the table below. The titles and contents and number of copies required for each E-File are defined in this table. The quoter shall prepare the quote in the English language as set forth below. Quotes shall be submitted as THREE (3) separate E-Files as follows:
| E-File |
| Title |
| Page Limitations |
| I |
| Technical Capability |
| None |
| II |
| Past Performance |
| None |
| III |
| Pricing & Administrative |
| None |
E-FILE I – TECHNICAL CAPABILITY
1. The technical quote should be written so Government personnel familiar with the production of wooden shipping containers can make a thorough evaluation and determine if the quote meets the requirements of this solicitation. The technical quote shall be specific, detailed, and complete to clearly and fully demonstrate the prospective quoter has a thorough understanding of the technical requirements contained in the solicitation.
2. Statements such as “the quoter understands”, “will comply with the requirements”, “standard procedures will be employed”, “well known techniques will be used”, and general paraphrasing of Attachments 1, 2, and 3 are considered inadequate. The technical quote must provide details concerning what the quoter will do and how it will be done. This includes a full explanation of the techniques, disciplines, and procedures proposed to be followed. The technical quote shall not contain any reference to price; however, information concerning labor allocation and categories, labor hours, materials, equipment, and other information of interest to technical reviewers should be contained in the technical quote in sufficient detail so the quoter’s understanding of the scope of the work may be adequately evaluated.
E-FILE II – PAST PERFORMANCE
| 1. | The quoter may submit up to five (5) relevant, recent (Government or Commercial) references, if they do not anticipate any recent, relevant information is obtainable by the Government from sources, which may include: Contractor Performance Assessment Reporting System, Supplier Performance Rating System, Electronic Subcontract Reporting System, Federal Awardee Performance and Integrity Information System, or other databases, as well as interviews with POC references, Program Managers/Customers, Contracting Officers, or Contracting Officer Representatives. |
| 2. | In the context of this procurement, recency is defined as a contract performed within three (3) years of the solicitation issuance date. The relevancy assessment shall consider the similarity of scope, magnitude of effort, and the complexities this solicitation requires. To be acceptable, the quoter must demonstrate the ability to successfully perform the required effort. |
| 3. | In the case of a quoter without a record of recent and relevant past performance, or for whom information on past performance is not available, or so sparse that no meaningful past performance rating can be reasonably assigned, the Quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv), Past Performance Evaluation). If a quoter determines they have no past performance data, they shall provide the following statement in lieu of the information requested below: “(Insert Quoter or subcontractor’s name) has determined that they possess no past performance information in accordance with the solicitation.” |
E-FILE III – PRICING & ADMINISTRATION
Quotations may be submitted in quoter format and shall include:
| 1. | Company name, address, telephone number, e-mail address, Unique Entity ID, Commercial and Government Entity Code |
| 2. | Solicitation number |
| 3. | Schedule of Supplies. Complete the Schedule of Supplies on Page 3 of this solicitation to include the Unit Price and Total Price. The resultant contract will duplicate the quantity and the quoted price by the successful quoter. |
| 4. | Signed Standard Form 30, Amendment of Solicitation/Modification of Contract, for all amendments, if applicable. |
| 5. | Quoters are required to include a copy of FAR provision 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, with its quote or a statement the quoter has completed the annual representations and certifications electronically via the SAM website accessed at www.sam.gov. If the latter of the two options is selected, then the quoter verifies by submission of their quote the representation and certifications currently posted electronically via the SAM website have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation. Failure to include the certifications along with the quotation or to complete the certifications on the internet may result in elimination from consideration for award. |
(End of Provision)
ADDENDA TO FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)
| 1. | The Government intends to award one (1) purchase order resulting from this solicitation to the responsive, responsible quoter whose quote, conforming to this solicitation, will be the most advantageous to the Government, price and other factors considered using the Lowest Price Technically Acceptable process, with the lowest overall price. To be considered for award, a quoter must provide pricing for all items. Award will be made on all or none basis. |
| 2. | Technical tradeoffs will not be made, and no additional credit will be given for exceeding acceptability. The Government intends to award without discussions; therefore, the initial offer should contain the quoter’s best terms from a price and technical standpoint. |
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