Tab_10_Combined_Synopsis.pdf
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- Attached to
- Safety Shoes Federal contract opportunity
- Solicitation number
- SP3300-19-Q-5016
- Issued by
- Defense Logistics Agency Distribution
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Combined Synopsis/Solicitation
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| File | Type | Posted |
|---|---|---|
| Tab_3__STATEMENT_OF_WORK.pdf | ||
| Attachment_1_Schedule_of_Supplies.pdf |
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SP3300-19-Q-5016
1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart
12.6 – 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. 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-5016.
2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-01 effective 22 January 2019 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20190215 edition effective 15 February 2019 and Defense Logistics Acquisition Directive (DLAD) PROCLTR 2019-05 edition effective 27 February 2019. The complete text of any of the clauses and provisions are available electronically from the following site: http://www.farsite.hill.af.mil.
3. This RFQ is being issued to establish firm-fixed price type contract for the delivery of Safety Shoes of various sizes. See the schedule of supplies for exact sizes and quantities for DLA Distribution OKC.
4. This RFQ is an unrestricted requirement. The North American Industry Classification System (NAICS) code for this acquisition is 316210. The small business size standard is 500 employees.
5. Description of Requirement: DLA Distribution Oklahoma City has a requirement for a vendor to provide safety shoes for employees at DLA Distribution Oklahoma City. A shoe mobile will come to DDOO on the last Thursday of each month during the hours of 0730 to 1800. See Attachment 2, Statement of Work for complete details.
All Deliveries will be made to:
DLA DISTRIBUTION
OKC DDOO BLDG 1
DOOR 80
ATTN SUPPLY AREA
405 739 7093 TINKER
AFB OK 73145-5000
6. List Manufacturer(s) _________________________________________________
7. 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: _
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.
(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.
http://www.farsite.hill.af.mil/ http://www.sam.gov/
9. 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.
10. PACKING AND MARKING REQUIREMENTS:
All products shall be packaged best commercial practice in accordance with ASTM 3951. All deliveries must contain proper shipping documentation. All documents must include at a minimum, contract number and document number for the item, 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.
11. ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION
Illegal drugs, guns or other contraband are not authorized on Federal Installations. It is the contractor’s responsibility to ensure that its employees working on-site at these installations are U.S. citizens or legal aliens with no outstanding warrants. The installations are 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.
(End of Clause)
12. SUBMISSION OF SERVICE/DELIVERY SLIPS
Service verification slips must be delivered to the Technical POC following each on-site visit. Verification slips shall include the contract number, person’s name who performed the service, date and time of performance, duration of service, and the tasks performed. All verification slips must be signed by an authorized person for whom the service was performed. Failure to comply will result in a delay in payment.
13. 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.
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.
SCHEDULE OF SUPPLIES/SERVICES: The table below serves as the schedule of supplies/services along with the salient characteristics of each item. Provide pricing on Attachment 1 Schedule of Supplies
The Period of Performance will be as follows:.
Base Year 10 April 2019 – 09 April 2020 Option Year 1 (if exercised) 10 April 2020 – 09 April 2021 Option Year 2 (if exercised) 10 April 2021 – 09 April 2022
1. Caterpillar-Outline-90802-1each
Salient Characteristics- SteelToe Boot, Full Grain Nubuck Leather, Fabric Boot Lining, Padded Tongue and Collar, Cushioned Insoles, Shank for Stability, Flexible Rubber Lug Patterned Traction Outsole, Oil, Chemical, and Slip Resistant Outsole, Electrical Hazard Rated
2. TegoPro-Kiltie-T30062-1each Salient Characteristics -Steel Toe boot, Waterproof Full Grain Leather, Waterproof and Breathable Membrane, Shank for Stability, Slip Resistant and Oil Resistant Rubber Outsole, 300·cRated Rubber Outsole, Mesh Lining, Cushioned Insole, Dual Density Midsole,ASTMF2413-11l/75C/75EHRatedBoot
3. Skechers-Workshire-77009CDB..1each Salient Characteristics: SteelToe Boot., Durable Full Grain Leather Upper, Weather Resistant Nubuck Leather for Water and OilProtection,SoftFabricBootLining.,MemoryFoamCushionedRemovable Insole, Shank for Stability,ShockAbsorbingLightweightMidsole,FlexibleRubberLugTractionControl Outsoles Oil and Water Resistant
4. Nord Trail – 280012 BLK -1 each SalientCharacteristics:CompositeToe8'' Boot, Full Grain Leather and Synthetic Upper, Comfort Mesh Liner, 100% Waterproof Liner, Polyurethane Comfort Insole, Shank for Support, Rubber Slip and Oil Resistant Outsole, Outsole Channel Design Provides Added Slip Protection
5. Wolverine Hytest-13010-1each
SalientCharacteristics:CompositeToeBoot,LeatherandMeshUpper,AbrasionResistantBreathable Mesh Lining for Added durability and Comfort, Removable EVA Foot bed, Lightweight EVA Cushion Midsole for Added Comfort,OilandSlipResistantRubberOutsole,Strobel/CementConstruction,ASTM F2413-11M1/75C/75EH Compliant
6. Avenger- 7225- 1 each
Salient Characteristics: Steel Toe Boot, Full Grain Leather Upper, Moisture Wicking Comfort Mesh Lining, 100% Waterproof Liner, Full Cushion Insole, Rubber Slip, Abrasion, and Oil Resistant Outsole, Shank for Stability, Electrical HazardRated,ASTMF2413-05l/75C/75EHRated
7. TegoPro-Wellington-T40000-1each
Salient Characteristics: Steel Toe Wellington Boot, Full Grain Leather Upper, Comfort Mesh Lining, Full Cushion ComfortInsoles,DurableWeltConstruction,Slip,Abrasion,Chemical,andOilResistant Rubber Outsole, Electrical HazardProtection,ASTMF2413-05M1/75C/75EHRated
8. WolverineHytest-53031-1each Salient Characteristics: Steel Toe Boot, Oiled Full Grain Leather Upper, Breathable Comfort Mesh Liner, Removable Full Cushion Polyurethane Insole, Lightweight Comfort Midsole, Shank for Stability, Cement Construction, Slip and Oil Resistant Rubber Outsole, ASTMF2413-0SM1/75C/75 EHRated
ESTIMATED QUANTITIES: The quantities shown in the Schedule of Supplies/Services are estimated only. They represent the Government’s best-known estimate for each line item. Payment will only be for the actual quantities provided to the Government at the price specified. If the Government requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.
The following FAR, DFARS, and DLAD clauses and provisions apply to this RFQ. The full text version of these provisions and clauses may be viewed at http://farsite.hill.af.mil/.
FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (OCT 2018)
Addenda to FAR 52.212-4 Contract Terms and Conditions—Commercial Items (OCT 2018):
Additional applicable clauses incorporated by Reference:
FAR 52.204-13, System for Award Management Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-19, Incorporation by Reference of Representations and Certifications FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7003, Control of Government Personnel Work Product DFARS 252.204-7012, Safeguarding covered Defense Information & 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 252.225-7002, Qualifying Country Sources as Subcontractors DFARS 252.225-7036, Buy American – Free Trade Agreements – Balance of Payments Program 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 252.244-7000, Subcontracts for Commercial Items and Commercial Components DFARS 252.243-7001, Pricing of Contract Modifications http://farsite.hill.af.mil/
DFARS 252.247-7023, Transportation of Supplies by Sea
Clauses incorporated by full text:
FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)
1. (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option]; 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.
2. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
3. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.
(End of clause)
FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2019- O0003)
(a) Definitions. As used in this clause—
“HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).
“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award; as is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.
(b) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made.
Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.
__ Offeror elects to waive the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract for—
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded;
or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.
(f) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (d) of this clause.
(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.
(End of clause)
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):
http://acquisition.gov/far http://farsite.hill.af.mil
DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and http://acquisition.gov/far https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
__2-N-1 Invoice_________________________________________________________ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP3300 Admin DoDAAC SP3300 Inspect By DoDAAC Ship To Code SB3213 Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC https://wawf.eb.mil/ https://wawf.eb.mil/
DCAA Auditor DoDAAC Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Scott Estes
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
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.]
___ (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).
___ (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.
__ (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.
___ (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).
___ (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).
___ (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 (JAN 2017)
The following provisions are incorporated by reference:
FAR 52.204-16, Commercial and Government Entity Code reporting FAR 52.204-20, Predecessor of Offeror FAR 52.204-7, System of Award Management FAR 52.204-22, Alternative Line Item Proposal FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations – Representations FAR 52.211-6, Brand Name or Equal FAR 52.217-5, Evaluation of Options DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (DEVIATION 2016- O0001) 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 252.225-7035, Buy American – Free Trade Agreements – Balance of Payments Program Certificate DFARS 252.247-7022, Representation of Extent of Transportation by Sea
ADDENDA TO FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS (OCT 2018):
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 60 calendar days from the date specified for receipt of offers.
The following paragraphs under referenced provision 52.212-1 are hereby deleted:
(e) Multiple Offers; and
(h) Multiple Awards
QUOTE SUBMISSION INSTRUCTIONS:
1. This acquisition is solicited in accordance FAR Subpart 13.5 Simplified Procedures for Commercial Items and will include the applicable provisions/clauses for commercial acquisitions IAW FAR Part 12 – Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items.
2. Questions regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, Scott
Estes via email at scott.1.estes@dla.mil, Subject: SP3300-19-Q-5016 Solicitation Question. Question(s) must be received by 1:00PM Eastern Standard Time (EST) on 03 April 2019. Answers to questions will be posted to the FEDBIZOPPS website via an amendment to the solicitation.
3. All quotes must be received electronically via email at scott.1.estes@dla.mil by 1:00PM EST on 08 April
2018 to be considered for award. Facsimile and hard copy submissions of quotes will not be accepted.
4. Quotes shall be submitted (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 LIMITS: The Offeror shall prepare the quote in the English language as set forth in the Quote Organization Table below.
1. 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.
2. Unit Price and extended prices for all CLIN(S).
3. Completed certifications and representations located at FAR 52.212-3 (OCT 2018) 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.
4. Signed Standard Form 30, Amendment of Solicitation/Modification of Contract for all amendments, if applicable.
Addenda FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)
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, 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 engage in communications with individual contractors that do not rise to the level of “discussion” or “negotiations” as understood in FAR Part 15, evaluations of proposals.
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.
mailto:scott.1.estes@dla.mil mailto:scott.1.estes@dla.mil
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 clerical errors and/or obvious mistakes 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.
Non-Price Factors
FACTOR 1 – Technical Capability
The Government intends to evaluate quotes in response to this solicitation and will award one firm-fixed price purchase order to the responsible offeror with the technically acceptable lowest price offer. The following criteria shall be used to establish technical acceptability:
To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must:
(a) Meet the salient physical, functional, or performance characteristic specified in this solicitation, (b) Clearly identify the item by Brand name, if any; and make or model number, (c) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (d) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.
FACTOR 2 – Past Performance
The offeror will be evaluated on past performance record provided as part of the quote and any other relevant information obtained from other sources which may include: Supplier Performance Risk System (SPRS) regarding the suppliers past performance history for Product Service Code (PSC) of the supplies being purchased will be considered. In the case of a supplier without a record of relevant past performance history in SPRS for the PSC of the supplies being purchased, the supplier will not be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.
PRICE QUOTE
Technically acceptable quotes found to have a satisfactory record of past performance will be evaluated for the lowest price.
The price offered by the Contractor will be evaluated for fairness and reasonableness utilizing price analysis techniques.
If additional information is required, the Government may require a breakdown of the price offered.
Award will be based on the lowest priced quote that meets or exceeds the acceptability standards for the non-cost factors.
(End of Provision)
FAR 52.216-1 – Type of Contract (APR 1984) The Government contemplates award of a firm-fixed price requirements contract resulting from this solicitation.
FAR 52.233-2 Service of Protest (Sep 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Genesis B. Griffin, Acquisition Operations, DLA Distribution, Acquisition Operations, 5404 J Ave, Building 404, New Cumberland PA 17070.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the
GAO.
FAR 52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.arnet.gov/far http://farsite.hill.af.mil
DLAD 52.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR) (DEC 2016)
(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.
FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018)
Th…
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