RFQ_SP3300-17-Q-0064.pdf

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is SP3300-17-Q-0064.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-95 effective 19 Jan 2017 (Includes FAC 2005-94 Effective 19 Jan 2017), and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20161222 (Effective 22 Dec 2016) edition, and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5, and PROCLTR 2017-11.

The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

3. This Request for Quote is issued to establish a combination firm-fixed price and time and materials contract for a contractor to provide all labor, equipment, tools, materials, replacement parts, and supervision necessary to perform Scheduled Preventive Maintenance and on call Unscheduled Remedial Maintenance for Automated Storage and Retrieval System (ASRS) Equipment located at DLA Maritime Portsmouth, which resides on the Portsmouth Naval Shipyard, Kittery, ME.

4. The following Attachments apply to solicitation SP3300-17-Q-0064:

a) Statements of Work: Scheduled Preventive Maintenance and Unscheduled Remedial Maintenance shall be performed in accordance with the Statement of Work (SOW) included as Attachment 1 and the Guidance for Contractors working/conducting business at DLA Maritime Portsmouth included as Attachment 2 to this solicitation. A detailed list of the Automated Storage and Retrieval System Equipment for which maintenance services are required is included in the SOW.

b) Wage Determination: Service Contract Act Wage Determination No. 2015- 4011 Revision No. 2 dated 12/30/16 applies to this acquisition, and will be incorporated into the resulting purchase order. A copy of the Wage Determination is included with this solicitation as Attachment 3.

c) Schedule of Supplies/Services: Scheduled Preventive Maintenance shall be performed on a Quarterly or Semi-Annual basis as shown on the Schedule of Supplies/Services included as Attachment 4 to this solicitation (also refer to paragraphs 8 and 9 of this solicitation regarding the Schedule of Supplies/Services).

RFQ SP3300-17-Q-0064 Page 1 of 25 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126 http://farsite.hill.af.mil/

5. The contractor shall also provide Contractor Manpower Reporting on an Annual basis as described in paragraph 6.0 of the Statement of Work.

6. This solicitation is Unrestricted. The North American Industry Classification System (NAICS) code for this project is 811310 and the size standard is $7,500,000.00

7. This requirement consists of a Base Year and Two (2) Option Years, with estimated Periods of Performance as follows:

Base Year (CLINS 0001-0006) – from 07/01/17 to 06/30/18 Option Year 1 (CLINS 1001-1006) – from 07/01/18 to 06/30/19 Option Year 2 (CLINS 2001 - 2006) – from 07/01/19 to 06/30/20

8. The Schedule of Supplies/Services for this procurement is included as Attachment 4 to this solicitation.

9. Offerors are requested to quote a) Firm Fixed Unit Prices for Preventive Maintenance of the ASRS Equipment (CLINS 0001, 0002, 1001, 1002, 2001, and 2002), and b) Hourly Labor Rates for Remedial Maintenance of the ASRS Equipment (CLINS 0004, 1004, and 2004).

10. Offerors shall not provide quotes for Replacement Parts (CLINS 0005, 1005, and 2005) or Travel reimbursement (CLINS 0006, 1006, and 2006) as a level of funding will be provided on a Ceiling Price/Not-to-Exceed basis for these purposes. Offerors also shall not provide quotes for the Annual Contractor Manpower Reporting (CLINS 0003, 1003, and 2003) as this is a Not Separately Priced (NSP) line item.

11. Any award resulting from this solicitation will be issued on a Standard Form

(SF) 1449.

12. System for Award Management: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-1(k) and DFARS 204.1103. Registration may be done on line at: www.acquisition.gov or www.sam.gov.

13. Invoicing and Payment: Invoices shall be submitted through Wide Area WorkFlow (WAWF). The WAWF website is at https://wawf.eb.mil/. The web site contains instructions for registration and use, including how contractors submit invoices via WAWF.

14. Site Visit: An organized site visit has been scheduled for Tuesday May 9, 2017 at 9:00 AM Eastern time for any contractors that are interested in looking at the Automated Storage and Retrieval System Equipment.

RFQ SP3300-17-Q-0064 Page 2 of 25 http://www.acquisition.gov/ http://www.sam.gov/ https://wawf.eb.mil/

Contractors interested in attending the scheduled site visit must notify the Point of Contact, James Pennell, of their interest no later than 4:00 PM Eastern time on Thursday May 4, 2017. Contact information for James Pennell is as follows:

phone number 207-438-5513; cell phone 207-907-8638;

email: james.pennell@dla.mil, or james.pennell@navy.mil.

On the date of the site visit, all contractor employees must provide the following information to obtain a Controlled Industrial Area (CIA) badge to gain entrance to the Portsmouth Naval Shipyard:

- Company Name

- Employee Name

- Employee Social Security Number

- Employee Date of Birth

- Employee State and Country of Birth

- Proof of United States Citizenship, i.e. a current, valid passport or an original birth certificate (Note that no foreign nationals are permitted on the shipyard)

- One form of photo identification, i.e., valid driver's license pertaining to the real ID act, not accepted, Maine, Minnesota, Missouri or Montana and/or state issued identification card

- Current registration, proof of insurance and state inspection for each vehicle entering the shipyard

Contractor employees are not permitted to bring laptops, cameras (including cell phone cameras) or thumb drives onto the Portsmouth Naval Shipyard.

Contractors are encouraged to attend this site visit as only one (1) site visit will be scheduled for this project.

Contractors are advised that the site visit will be held solely for the purpose of providing a familiarity with the ASRS Equipment included on this solicitation. No questions may be submitted during the site visit and no questions will be addressed during the site visit. Questions shall be submitted as instructed in paragraph 15 below. Answers to questions will be provided only by written amendment(s) to the solicitation as discussed in paragraph 15 below. Normal procedures will apply relating to the acknowledgement of any amendments that are issued against this solicitation.

In no event will failure to attend the scheduled site visit constitute grounds for a claim after award of the contract.

15. Questions regarding this solicitation must be submitted by email to the Contract Specialist, Dan Herring, at daniel.herring@dla.mil. Questions must be received by 4:00 PM Eastern time on Friday, May 12, 2017. Questions received after this date and time may not receive a response. Answers to questions will be posted to the Federal Business Opportunities website via an amendment to

RFQ SP3300-17-Q-0064 Page 3 of 25 mailto:daniel.herring@dla.mil the solicitation. No information concerning this solicitation will be provided in response to telephone calls.

16. The following FAR, DFARS and DLAD provisions apply to this acquisition:

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, (h) multiple awards, and (i) availability of requirements documents cited in the solicitation.

Addenda to 52.212-1; paragraph (c) period for acceptance of offers, this paragraph is tailored to read as follows “The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers”.

The following provisions are Addenda to FAR 52.212-1 – Instructions to Offerors

– Commercial Items and are incorporated by reference:

FAR 52.204-7 System for Award Management FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations— Representation FAR 52.217-5 Evaluation of Options FAR 52.222-22 Previous Contracts and Compliance Reports FAR 52.222-25 Affirmative Action Compliance FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications FAR 52.237-1 Site Visit DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (DEVIATION 2016-

O0003) (OCT 2015)

DFARS 252.204-7004 Alternate A, System for Award Management DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.215-7007 Notice of Intent to Resolicit DFARS 252.215-7008 Only One Offer DFARS 252.222-7007 Representation Regarding Combating Trafficking in Persons

The following provisions are Addenda to FAR 52.212-1 – Instructions to Offerors

– Commercial Items and are incorporated in full text:

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

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to

RFQ SP3300-17-Q-0064 Page 4 of 25 influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision)

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

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

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

RFQ SP3300-17-Q-0064 Page 5 of 25 made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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

(b) The Offeror represents that—

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

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

(End of provision)

FAR 52.215-20 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data with Alternate IV

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below:

(1) The offeror shall submit, at a minimum, information on prices at which the same item or service, or similar items or services, have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include sales data and any information reasonably required to explain the offeror’s estimating process including but not limited to (a) the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and (b) the nature and amount of any contingencies included in the proposed price. The contractor’s format for submitting the data should be used.

(End of Provision)

RFQ SP3300-17-Q-0064 Page 6 of 25

FAR 52.216-1 -- Type of Contract

The Government contemplates award of a Combined Firm Fixed Price and Time and Materials type contract resulting from this solicitation.

(End of Provision)

FAR 52.216-31 – Time-and-Materials/Labor-Hour Proposal Requirements— Commercial Item Acquisition

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates or the offeror under a common control.

(End of Provision)

FAR 52.233-2 -- Service of Protest

(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, ATTN: CHRISTOPHER C. ROWE, CONTRACTING OFFICER, ACQUISITION OPERATIONS (J7), 430 MIFFLIN

AVE, SUITE 3102A, NEW CUMBERLAND, PA 17070-5008.

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

(End of Provision)

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference

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

RFQ SP3300-17-Q-0064 Page 7 of 25 a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of provision)

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE

DISPUTE RESOLUTION

(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)

17. OFFER SUBMISSION INSTRUCTIONS–Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

1. Quotations may be submitted in contractor format and shall include:

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

(2) Solicitation number.

(3) Unit Price and extended prices for all CLIN(S).

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

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

(6) Past performance information from three (3) sources that clearly indicate that offeror has satisfactorily performed Preventive and Remedial Maintenance of the same or similar Automated Storage and Retrieval System (ASRS) Equipment commercially or for the Government within the past three (3) years (refer to FAR

RFQ SP3300-17-Q-0064 Page 8 of 25

13.106-2 Evaluation of Quotations or Offers below). Past performance information must include a detailed list of the ASRS equipment, including brand name and model number, that the offeror has serviced within the past three (3) years.

2. Contractors are required to include a copy of the FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://www.sam.gov. Failure to include the certifications along with the price proposal or to complete the certifications on the internet may result in elimination from consideration for award.

18. FAR 13.106-2 Evaluation of Quotations or Offers:

The Government intends to award one contract resulting from this solicitation to the responsible Offeror whose offer conforms to the solicitation using the Lowest Price Technically Acceptable (LPTA) source selection procedure. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the acceptable Offeror with the lowest evaluated price which is deemed responsible in accordance with FAR Part 9, and which has submitted a quote conforming to the solicitation requirements. The requirements include all stated terms, conditions, completion of representations and certifications, and all other requirements of this solicitation. The Government intends to award without discussions; therefore, the initial offer should contain the Offeror’s best terms from a cost and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

Quotes shall be evaluated for Acceptability or Unacceptability only and shall not be rated. Award will be based on the total overall lowest price quoted for the Base Year and Two (2) Option Years which meets or exceeds the acceptability standards for the following non-price factors: Factor 1 – Technical Capability and Factor 2 – Past Performance. Any Offeror who has submitted a technically acceptable quote and who has been found to have an acceptable past performance will then have its quote evaluated for lowest price.

Factor 1, Technical Capability:

The following criteria shall be used to establish technical capability: Compliance with Solicitation Requirements – This standard is based upon the offeror’s ability to comply with all requirements of the solicitation, including submittal of an offer for all contract line items (CLINS) in the Schedule of Supplies/Services;

completion of certifications and representations located at FAR 52.212-3; formal acknowledgement of any amendments issued against this solicitation; and submittal of past performance information for use in determining contractor responsibility.

RFQ SP3300-17-Q-0064 Page 9 of 25 http://www.sam.gov/

The Government will evaluate the Offeror’s Technical Capability to determine acceptability of the Offeror’s quote. Technical acceptability will be evaluated on an Acceptable/Unacceptable basis.

A. To be technically acceptable, the Offeror’s quote must comply with the requirements of law, regulation, and all conditions set forth in this solicitation.

B. To be technically acceptable, the Offeror must be an established provider of Maintenance Services for Automated Storage and Retrieval System Equipment (ASRS).

C. To be technically acceptable, the Offeror must clearly demonstrate a thorough understanding of the ASRS Equipment Maintenance Services required by the Statement of Work.

D. To be technically acceptable, the Offeror must clearly demonstrate their ability to perform the ASRS Equipment Maintenance Services required by the Statement of Work.

Failure to provide a complete, detailed, realistic, and reasonable quote may reflect a lack of understanding of the requirements and may result in a determination that the Offeror’s quote is unacceptable. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an Offeror’s quote.

Factor 2, Past Performance Record:

The following criteria shall be used to establish acceptable past performance:

Submittal by the offeror of past performance information from three (3) sources that clearly indicate they have satisfactorily performed Preventive and Remedial Maintenance of the same or similar Automated Storage and Retrieval System (ASRS) Equipment commercially or for the Government within the past three (3) years. This past performance information shall include the following:

a. Contractor Name

b. Name of the customer/agency

c. Contract/Purchase Order Number

d. Customer Point of Contact (provide name, telephone number, and email address)

e. Length of contract/period of performance (dates)

f. Dollar Amount of Contract (initial price and final price)

g. Description of ASRS equipment for which maintenance was provided (include sufficient detail to demonstrate the scope and complexity of the maintenance provided)

h. A narrative synopsis that describes the specific nature of the work; similarities with the proposed work; and the relevant experience gained.

RFQ SP3300-17-Q-0064 Page 10 of 25

The Government will evaluate the Offeror’s Past Performance Record to determine acceptability of the Offeror’s quote. Past Performance will be evaluated on an Acceptable/Unacceptable basis.

The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), data submitted by the Offeror as part of the Past Performance Quote, and any other information available to determine the quality and relevance of the Offeror’s past performance.

Each quote will be evaluated to the extent to which the Offeror has demonstrated an ability and willingness to perform:

1) A quality service (i.e. the conformance to contract requirements, specifications, and standards of good workmanship);

2) Timeliness of the contract with regard to completion of contract, milestones, delivery schedules and administrative requirements (e.g., effort that contributes to or affects the schedule variance);

3) Acceptable cost control with regard to the Offeror’s effectiveness in forecasting, managing, and controlling contract cost;

4) Good business relationships with regard to the timeliness, completeness and quality of problem identification and resolution, Offeror’s history of reasonable and cooperative behavior, customer satisfaction, timely award and management of subcontracts, and whether the contractor met their small/small disadvantaged and women owned business participation goals; and

5) Management of personnel with regard to demonstration of a commitment to the management of personnel with regard to the Offeror’s performance in selecting, retaining, supporting, and replacing when necessary, personnel.

Price: If an Offeror’s quote has been determined acceptable for the non-price factors listed above, the Government will then evaluate the quote for the lowest price. The total overall lowest price quoted between offers that are determined to be technically acceptable will be the determining factor in the selection of a quote for award.

Although the Government intends to award a contract as a result of this solicitation, the Government reserves the right to reject any and all quotes received and not award any item or items from this solicitation.

19. The following FAR, DFARS and DLAD clauses apply to this acquisition:

FAR 52.212-4 Contract Terms and Conditions – Commercial Items with Alternate I. The following Alt I fill-ins apply:

Paragraph (i)(1) (ii)(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

RFQ SP3300-17-Q-0064 Page 11 of 25

(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Travel in accordance with

CLINS 0006/1006/2006

(2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0

ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION

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

MANAGEMENT OF CONTRACTOR EMPLOYEES

The Contractor personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the Performance Work Statement/Statement Of Work. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control the activities of the Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel.

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.

ORGANIZATIONAL CONFLICT OF INTEREST

1. 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 statement of work or specification unless directed to do so in writing by the Contracting Officer.

RFQ SP3300-17-Q-0064 Page 12 of 25

2. 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.

3. 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.

The following clauses are Addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items and are incorporated by reference:

FAR 52.203-3 Gratuities FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-13 System for Award Management Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.223-10 Waste Reduction Program FAR 52.228-5 Insurance -- Work on a Government Installation FAR 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.242-13 Bankruptcy FAR 52.242-17 Government Delay of Work FAR 52.243-3 Changes – Time-and-Materials or Labor-Hours FAR 52.246-6 Inspection – Time-and-Material and Labor-Hour FAR 52.247-34 F.o.b. – Destination 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 252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2016-O0003) (OCT 2015) DFARS 252.204-7000 Disclosure of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 Alternate A, System for Award Management DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001)(OCT 2015) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

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DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea with Alternate III DFARS 252.247-7024 Notification of Transportation of Supplies by Sea DLAD 52.204-9000 Contractor Personnel Security Requirements

The following clauses are Addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items and are incorporated in full text:

FAR 52.215-21 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications with Alternate IV

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below:

(1) The offeror shall submit, at a minimum, information on prices at which the same item or service, or similar items or services, have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include sales data and any information reasonably required to explain the offeror’s estimating process including but not limited to (a) the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and (b) the nature and amount of any contingencies included in the proposed price. The contractor’s format for submitting the data should be used.

(End of Clause)

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FAR 52.217-8 -- Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days from the expiration date of the contract.

(End of Clause)

FAR 52.217-9 -- Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years and six (6) months.

(End of Clause)

FAR 52.252-2 -- Clauses Incorporated by Reference

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): http://farsite.hill.af.mil

(End of Clause)

DFARS 252.211-7003 Item Unique Identification and Valuation

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

RFQ SP3300-17-Q-0064 Page 15 of 25

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

RFQ SP3300-17-Q-0064 Page 16 of 25 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by

RFQ SP3300-17-Q-0064 Page 17 of 25 http://www.aimglobal.org/?Reg_Authority15459 the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or Exhibit Line Item Number Item Description

____________________________N/A___________________________

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or Exhibit Line Item Number Item Description

____________________________N/A____________________________

(If items are identified in the Schedule, insert “See Schedule” in this table.)

RFQ SP3300-17-Q-0064 Page 18 of 25 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, RFQ SP3300-17-Q-0064 Page 19 of 25

Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier;

serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards.

The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL- STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

RFQ SP3300-17-Q-0064 Page 20 of 25

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

RFQ SP3300-17-Q-0064 Page 21 of 25

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability…