Tab_C-1_-_Combined_Synopsis_and_Solicitation.pdf

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

FAR 12 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items; as supplemented with additional information included in this notice, and in conjunction with the Federal Acquisition Regulations (FAR) Part 13 Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the solicitation number is SP3300-19-Q-5002.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-01 effective 20 December 2018 and Defense Federal Acquisition Regulation Supplement (DFARS) DFARS DPN 20180928 edition effective 28 October 2018 and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2018-10 through 17 edition effective 10 August 2018.

The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

3. This is a requirement for the acquisition of Paint, Coatings and Thinner. The Government intends to award one contract as a result of this solicitation. This requirement will be Full and Open Competition.

Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449.

4. This effort will be awarded as a requirements contract and includes estimated quantities only. The quantities identified in the schedule of supplies and services are estimated and represent the Government’s best estimate for each line item. Payment will be for actual quantities procured and delivered at the prices outlined in each Delivery Order. If the Government’s requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment in the contract.

5. VARIATION IN QUANTIY IS NOT AUTORIZED FOR THIS REQUIREMENT. The North American Industry

Classification System (NAICS) code for this acquisition is 325510. The Federal Supply Code for this acquisition is 8010.

6. The ordering periods are ON OR ABOUT the dates listed below:

Base Year: 04 March 2019 – 03 March2020 Option Year One (If exercised): 04 March 2020 – 03 March 2021 Option Year Two (If exercised): 04 March 2021 – 03 March 2022 Option Year Three (If exercised) – 04 March 2022 – 03 March 2023 Option Year Four (If exercised) – 04 March 2023 – 03 March 2024

7. Schedule of Supplies – See Attachment 1 Schedule of Supplies

Items 1,2,3, 5, 8, 10, 11, 12, and 13 in Attachment 1 Schedule of Supplies must be on the Qualified Products Database (QPD) http://qpldocs.dla.mil/ and items 5 and 7 must have a certificate of compliance that they meet the MILSPEC listed on the schedule of supplies. Vendors shall provide the certificate of compliance for items not on the QPD and also provide documentation for the items that are on the QPD.

8. SYSTEM FOR AWARD MANAGEMENT – In accordance with FAR 52.204-7 System for Award Management

(OCT 2018),

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx http://qpldocs.dla.mil/

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. Please reference the clause for more information.

9. The contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company Name: ____________________________________ Company Address:____________________________________ CAGE Code: ____________________________________ Point of Contact Telephone: _____________________________

EMAIL _____________________________________

10. INVOICING AND PAYMENT – Invoicing and Payment will be made via Wide Are WorkFlow (WAWF). Reference DFARS Clause 252.232-7003 and DFARS 252.232-7006 of the RFQ.

11. PACKING AND MARKING REQUIREMENTS - All products shall be packaged best commercial practice in accordance with ASTM 3951. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and document number for the item, stock number, quantity, and unit of issue. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

12. DELIVERY INFORMATION - Delivery Orders will be issued via email. Any contracting officer or ordering officer at DLA Distribution is authorized to place orders against this contract.

The primary purchasing agent for delivery orders for this contract is

DLA Distribution Acquisition Operations J7 (AB) 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070 Attn: William Keffer Phone: 717-770-5138 E-mail: William.Keefer@dla.mil

Packaging and Marking Requirements: All material shall be packaged best commercial practice in accordance with ASTM 3951 and marked in accordance with MIL-STD-129P. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and purchase request (PR) number for the item, material identifier number, quantity, and unit of issue.

All material must be delivered in accordance with the best commercial practices to insure safe delivery to destination. Each pallet load of material shall be marked with a label/placard identifying the stock number, contract and delivery order number, and the Unit of Issue (UI) quantities per pallet. Vendors shall mark and identify the Original Document Number (ODN) on all freight and packing slips. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

IMPORTANT: ONLY THE FOLLOWING ARE ACCEPABLE AND REQUIRED as valid Proof of Delivery:

A. A signed DD250. Access the link below to obtain a DD250:

http://www.dtic.mil/whs/directives/forms/eforms/dd0250.pdf

B. Completed and Executed Block 32 on the SF1449

13. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE - The Contractor must mark the contract number and delivery order number on all paperwork and shipments. The contract and delivery order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment and could result in the return of merchandise at contractor’s expense.

14. Questions shall be submitted in writing via e-mail to: scott.1.estes@dla.mil. The suspense for question submission shall be no later than 1:00PM Eastern Local Time, 22 January 2019.

15. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices.

Therefore, your assistance is requested in reducing prices and improving our buying processes.

Attachments:

Attachment 1 – Schedule of Supplies – Base Year and 4 option years Attachment 2 – Past Performance Questionnaire

FAR 52.212-4: Contract Terms and Conditions -- Commercial Items (Oct 2018) Addenda to FAR 52.212-4: Contract Terms and Conditions—Commercial Items):

Additional applicable clauses incorporated by Reference:

FAR 52.203-3, Gratuities FAR 52.203-12, Limitations on Payments to Influence Certain Federal Transactions FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-13, System for Award Management Maintenance FAR 52.204-17, Ownership or Control of Offeror FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-19, Incorporation by Reference of Representations and Certifications FAR 52.204-20, Predecessor of Offeror FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems FAR 52.207-4, Economic Purchase Quantity - Supplies FAR 52.209-7, Information Regarding Responsibility Matters FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters FAR 52.211-17, Delivery of Excess Quantities FAR 52.217-6, Option for Increased Quantity FAR 52.222-58, Subcontractor Responsibility Matters Regarding Compliance with Labor Laws (Executive Order 13673) FAR 52.222-59, Compliance with Labor Laws (Executive Order 13673) FAR 52.229-3, Federal, State, and Local Taxes FAR 52.232-17, Interest FAR 52.233-1, Disputes

FAR 52.233-3, Protest After Award FAR 52.233-4, Applicable Law for Breach of Contract Claim

FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors FAR 52.242-13, Bankruptcy FAR 52.247-34, FOB Destination DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7003, Agency Office of Inspector General DFARS 252.204-7003, Control of Government Personnel Work Product DAFRS 252.204-7012, Safeguarding covered Defense Information & Cyber Incident Reporting DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 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 252.225-7048, Export Controlled Items DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010, Levies on Contract Payments DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer DFARS 252.247-7023, Transportation of Supplies by Sea DFARS 252.247-7024, Notification of Transportation of Supplies by Sea

DFARS 252.216-7006: Ordering (May 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 04 March 2019 through 03 March 2020.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

FAR 52.216-19: Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the contractor obligated to furnish those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a combination of items in excess of $25,000.00;

(2) Any order for a single item in excess of $10,000.00; or

(3) A series of orders from the same ordering office within thirty 30 days that together call for quantities exceeding the limitations in section (b)(1) or (b)(2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within thirty (30) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21: Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries

FAR 52.217-9: Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

FAR 52.252-2: Clause 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.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

DFARS 252.232-7006: Wide Area WorkFlow Payment Instructions (May 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice only _ _

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

N/A_ _ _ _

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC SP3300

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC)

Service Acceptor (DoDAAC) SM3400

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

N/A unless specified in each order

(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

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

FAR 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

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

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C.

3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X_ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Addenda to FAR 52.212-1: Instructions to Offerors -- Commercial Items The following provisions are incorporated by reference:

FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions FAR 52.203-18, Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements Or Statements—Representation FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-22, Alternative Line Item Proposal FAR 52.204-7, System of Award Management FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations - Representations FAR 52.209-11, Representation By Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law FAR 52.217-5, – Evaluation of Options FAR 52.225-25, – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representations and Certifications DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008, - Compliance with Safeguarding Covered Defense Information Controls DFARS 252.213-7000, – Notice to Prospective Supplies on the Use of Past Performance Information Retrieval DFARS 252.222-7007, – Representation Regarding Combating Trafficking In Persons DFARS 252.225-7000, – Buy American - Balance of Paym ents Program Certificate – BASIC DFARS 252.247-7022, – Representation of Extent of Transportation by Sea

Addenda to FAR 52.212-1: Instructions to Offerors -- Commercial Items

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

The following paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples;

(e) Multiple Offers; and

(h) Multiple Awards

Instructions to Offerors

QUOTE SUBMISSION INSTRUCTIONS:

1. All quotes must be received electronically via email at scott.1.estes@dla.mil by 1:00PM EST on 08 February 2019 to be considered for award. Facsimile and hard copy submissions of quotes will not be accepted.

2. Quotes shall be submitted in two separate volumes (electronically) and 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.

QUOTE MUST HAVE THIS STATEMENT IN THE FOOTER OR HEADER OF EACH PAGE: SOURCE

SELECTION INFORMATION SEE FAR 2.101 AND 3.104

ORGANIZATION/NUMBER OF COPIES/PAGE: The Offeror shall prepare the quote in the English language as set forth in the Quote Organization Table below. The titles and contents for each volume are defined below. A Table of Contents for each volume is required.

(1) Volume I Price Quote(Electronic File):

Price Quote:

a. Signed and dated quote/cover letter with all required fill-ins completed, including, Solicitation Number, Company name, address, telephone number, e-mail address, Contractor DUNS Number, and Commercial and Government Entity (CAGE) Code, and any other fill-ins as required.

b. Unit Price and extended prices for all CLIN(S). Offerors shall use the table in attachment 1 to complete their pricing;

c. Completed certifications and representations located at FAR 52.212-3 (NOV 2017) of the RFQ OR offeror statement indicating that said certifications and representations are current and located in the System for Award Management (SAM) database at http://www.sam.gov.

d. Signed Standard Form 30, Amendment of Solicitation/Modification of Contract for all amendments, if applicable.

(2) Volume II: Past Performance (Electronic File)

Factor 2: Past Performance:

The offeror shall describe their background, knowledge and experience related to the manufacture and delivery of Paint. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in this solicitation. Past performance information is used in determining the level of confidence the Government has for successful performance based upon the offeror’s actions under previously awarded, relevant contracts. The Government will only consider relevant past performance data.

To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of scope, complexity, magnitude of effort, and delivery schedule. This is done by demonstrating that they have successfully executed contracts of similar scope and magnitude within the past five (5) years. The Government recommends submission of at least three (3) contracts, but will evaluate any and all submitted.

This information shall consist of the following:

(1) An index of previous contract data that contains three or more prime contracts and/or subcontracts that the Offeror is currently performing or has completed during the last five years. The index shall include:

- Contractor Name

- Name of the customer/agency

- Contract/Purchase Order Number

- Customer point of contact (provide name, telephone number, and e-mail address)

- Length of contract

- Period of performance (dates)

- Initial Contract Price

- Final Contract Price or price as of the last modification

- Facilities in which the service was performed

- Quality of Past Performance; to include a discussion of actual performance under each contract listed, mailto:scott.1.estes@dla.mil http://www.sam.gov/ including problems encountered; how they were resolved; the timeliness of deliverables required; how costs were controlled; business relationships; management of key personnel, and any other areas deemed necessary to provide insight into actual performance issues

(2) A narrative synopsis that shall describe the specific nature of the work, similarities with the proposed work and the relevant experience gained.

(3) Past Performance Questionnaire attached to this solicitation. Offerors shall send this questionnaire to previous customers. All questionnaires shall be submitted to the Government by the quote due date and time identified in the solicitation. All previous contracts the offeror utilizes for Questionnaire information must be contained in the Previous Contract Data index for the submitting the questionnaire to the customer. The offeror shall ask the customer to complete the questionnaire and return it directly to the Acquisition Specialist via email. Government evaluation members may contact the named individuals to clarify, obtain additional information, or conduct a telephone survey of past performance. As such, the offeror shall provide a list of all Questionnaires submitted that provides the following information:

- Name of the customer/agency

- Date submitted to customer/agency

- Contract/Purchase Order Number - Customer points of contact (minimum of two, provide name, telephone number, fax number, and e-mail addresses)

(3) Offerors may describe any quality awards or certifications that indicate technical excellence in the service requested.

Examples of such awards or certifications include, the Malcolm Aldridge Quality Award, other Government quality awards, and private sector awards or certifications (e.g., the automobile industries QS 9000, Semitic’s SSQA, or ANS/EIA-599). Indicate what segment of the company (division or entire company) received the award or certification and the date. If the award or certification is over three years old, present evidence the qualifications still apply.

Addenda FAR 52.212-2 -- Evaluation -- Commercial Items The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to award one contract to the responsive, award will be made to the lowest price that meets all the other requirements of the solicitation. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made on all or none basis.

Award will be made to the acceptable offeror with the lowest evaluated price, inclusive of options, which is deemed responsible in accordance with the Federal Acquisition Regulations (FAR), DFARS and DLAD, 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 initial offer should contain the offeror’s best terms from a cost and technical standpoint.

Contractors are reminded that a Request For Quotation is not a request for proposal and that a quote is not an offer that the Government accepts or awards. This competition is not being conducted using FAR Part 15 procedures. The award decision process is being conducted under FAR Part 12 and FAR Part 13, wherein the Contracting Officer is permitted to have substantive communications with individual contractors about their quotes without being subject to the policies and procedures of FAR Part 15, and without engaging in "discussions" or "negotiations" under FAR Part 15.

The Government reserves the right to evaluate quotes and may seek to make an award without asking for revised quotes or entering substantive discussions. Accordingly, contractors are encouraged to provide their most realistic and competitive terms with their initial quotes.

If the Contracting Officer does determine it is in the Government’s best interest to conduct communications with offerors, and a contractor is given an opportunity to correct any deficiencies in a quote, and after correction the quote is still determined to be unacceptable, such determinations will be cause for rejection of the quote. No offeror will be given an unlimited amount of opportunities for correction of a quote. The Government reserves the right to make a final determination whether a quote is acceptable or unacceptable solely on the basis of the information submitted and proceed without requesting additional information.

The following non-price factors shall be used to evaluate quotes:

Factor 1 – Technical Capability 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 all requirements of law, regulation, and all conditions set forth in this solicitation.

b. To be technically acceptable, the offeror shall demonstrate they clearly and fully understand and meet the minimum technical requirements necessary to manufacture and deliver the paint as described above and in the attachments located on FBO.

c. To be technically acceptable, the offeror must clearly demonstrate its ability to process Government delivery orders and meet contract delivery timeframes.

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. Evaluations will be on a Pass/Fail basis. A failure in any one of the above requirements constitutes a failure for factor 1 and the quote will not be further evaluated.

Factor 2 – Past Performance The Offeror shall describe their background, knowledge and experience related the manufacture of paint. Of particular emphasis are efforts performed in accordance with the same or similar scope and magnitude of effort as is described in the statement of work. The offeror shall provide recent, relevant, and credible examples of past performance associated with their commercial and Government offerings, inclusive of delivery, schedule compliance, product quality, and overall customer satisfaction.

Offerors shall send the Past Performance Questionnaires provided in Attachment 2 of this RFQ to at least three (3) references to complete regarding the offeror’s past performance. Questionnaires must be submitted to the Acquisition Specialist, Scott Estes by email at scott.1.estes@dla.mil by the closing date and time of the RFQ. Offers will be evaluated in these areas for past performance.

The offeror will be evaluated on the past performance record provided as part of the quote and any other relevant past performance information obtained from other sources which may include: Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials;

responses received from the Past Performance Questionnaire; and the Defense Contract…