SP3300-24-Q-0249.doc

SP3300-24-Q-0249

NOTICE TO QUOTERS

1.

Issuing Office:

DLA Distribution Acquisition Operations (J7)

5430 Mifflin Avenue

New Cumberland, PA 17070-5008

2. This is a Request for Quote (RFQ) issued as a combined synopsis/solicitation (CSS) 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 Products and Commercial Services, as supplemented with additional information included in this notice, and in conjunction with FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Products and Commercial Services. This announcement constitutes the only CSS. Quotes are being requested and a written CSS will not be issued. The RFQ number is SP3300-24-Q-0249.

3. This notice incorporates provisions and clauses in effect under:

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 CSS is being issued to establish one (1) Fixed-Price Purchase Order for Tail Rotor Crates for DLA Distribution Corpus Christi, Texas. Any award resulting from this CSS will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System rated procurement.

5. This CSS 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 Service Code for this acquisition is 8115.

6. QUESTIONS. Questions regarding this CSS shall be submitted by electronic mail to the Acquisition Specialist, via email Tom Semones at thomas.semones@dla.mil Subject: SP3300-23-Q-0249 CSS Question. Question(s) must be received by 12:00 PM ET on September 3, 2024. Answers to questions will be posted to the www.sam.gov website via an amendment to the CSS.

7.

DELIVERY SCHEDULE:

45 days ARO 8.

DELIVERY INFORMATION:

SW3222

DLA Distribution Corpus Christi 540 First St. S.E., Bldg. 1846 Corpus Christi, TX 78419

FOB point shall be Destination.

9. ELECTRONIC SOLICITATION: This CSS, including all attachments, and any amendments, is only available electronically at the website www.sam.gov. Quoters are cautioned it is their responsibility to access the website for any amendments that may be issued under the CSS. There will be no advance notification of amendment issuance. Quoters are advised to frequently check the website for any amendments since an amendment may be issued up until the quote submission due date and time. Failure to acknowledge amendments may render your quote non-responsive and ineligible for award.

10. ESTIMATED QUANTITIES: The quantities shown in the Schedule of Supplies are estimated only. They represent the Government’s best-known estimate for each line item. Payment will only be for the actual quantities provided to the Government at the price specified. If the Government requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.

11. Sample Container: The Contractor shall submit one (1) sample of the shipping container within (fifteen) 15 calendar days after the receipt of the purchase order 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 quoter or resolicit the requirement. The Government reserves the right to waive the sample requirement in writing, at its own discretion.

12. SYSTEM FOR AWARD MANAGEMENT (SAM): In accordance with FAR Provision 52.204-7 System for Award Management, 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 CSS. 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 SAM Database.

Company Name:

Company Address:

Telephone:

CAGE Code:

Point of Contact:

Email:

13. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Workflow. See DFARS Clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports and DFARS Clause 252.232-7006 Wide Area Workflow Payment Instructions.

14. 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

15. PACKING AND MARKING REQUIREMENTS: All shipping containers shall be packaged best commercial practice in accordance with ASTM D3951-10 and marked in accordance with MIL-STD-129R. All shipments shall contain proper shipping documentation. Contractor shall attach a water-resistant envelope containing all mandatory commercial shipping documentation to the exterior of the shipment. Special Marking Requirements. Each shipping container shall have special markings as required by the applicable ASTM guideline(s).

16. 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.

17. The Government is not soliciting for the “same old way” of doing business. The Government encourages quotes 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.

18. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE: The contractor must mark the contract or delivery 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.

19.

ADDITIONAL REQUIRED INFORMATION: The quoter shall provide the following information:

The quoter is the Manufacturer OR Distributor of this product (check one):

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.

LIST OF ATTACHMENTS

1. Attachment 1 – Container Requirements

2. Attachment 2 - SPI Container Sketch

3. Attachment 3 - SPI 01-113-8188

CONTRACT CLAUSES

ADDENDA to 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (MAY 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 products and commercial services:

(C) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: Not Applicable (End of Clause) 52.211-9 Desired and Required Delivery (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE – All items within 45 days.

If the quoter is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its quote, propose a delivery schedule below. However, the quoter’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 – All items with 45 days.

Quoters 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 quoter proposes no other delivery schedule, the desired delivery schedule above will apply.

QUOTER’S PROPOSED DELIVERY SCHEDULE: All items with _____ days after date of contract award.

(b) Attention is directed to the Contract Award provision of the solicitation that provides a written award or acceptance of a quote mailed or otherwise furnished to the successful quoter results in a binding contract. The Government will furnish to the quoter an award or notice of award not later than the day the award is dated. Therefore, the quoter 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. However, the Government will evaluate a quote that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) one working day if the solicitation states 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 quoted delivery date is later than the required delivery date, the quoter will be considered nonresponsive and rejected.

(End of Clause)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR - https://www.ecfr.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

DLAD - https://www.dla.mil/Acquisition/Policy-and-Directives/ (End of Clause)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of Clause) 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006)

(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.

(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

(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 financing, submit a commercial 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*

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

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

(g) WAWF Point of Contact.

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

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

(End of Clause)

DLAD PROCUREMENT NOTES

C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)

(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 Procurement Note)

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

FAR

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services - Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that –

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

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

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

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

(i) For covered equipment -

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

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

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

(ii) For covered services -

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment -

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

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

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

(ii) For covered services -

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

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

(End of Provision)

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from DLA Distribution J7 Acquisition Operations, Attn. Erik J. Smith, Contracting Officer, 5430 Mifflin Avenue, 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/Acquisition/Policy-and-Directives/ (End of Provision)

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR chapter 2) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of Provision)

DFARS

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) 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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

(End of Provision)

DFARS

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense 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.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [] will [] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations—Representation (Deviation 2024-O0006)

(a) Definitions. The terms business operations and fossil fuel company have the meanings given in the 252.225-7967 clause of this solicitation.

(b) Representation. By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business operations with an entity or individual that is, 50 percent or more 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.

(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 quotes. The quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes.

The following two (2) paragraphs under referenced provision 52.212-1 are hereby deleted:

(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 12:00 PM Eastern Standard Time on September 6, 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 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…