SP330020Q00012.pdf

SP3300-20-Q-0012

NOTICE TO OFFERORS

1. Issuing Office:

DLA Distribution Acquisition Operations (J7) 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

2. This is a Request for Quotations (RFQ) and the RFQ number is SP3300-20-Q-0011. 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 per FAR 12.603(c)(2)(i) and in conjunction with the Federal Acquisition Regulations (FAR) Subpart 13.5 Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

3. This notice incorporates provisions and clauses in effect through Federal Acquisition

Circular (FAC) 2020-01 effective 12 November 2019 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20190531 (effective 01 October 2019) edition, and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 19-19 effective 14 October, 2019. 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

4. This Request for Quotation (RFQ) for DLA Distribution Anniston, is being issued to establish one or more Firm Fixed Priced (FFP) Indefinite Delivery Quantity contract(s) for Employee Awards and Decorations Program in accordance with the statement of work for DLA Distribution Susquehanna, PA (DDSP). There are various types of awards and decorations that assigned military members are either required to wear or may receive during their tour with DLA Distribution. The Government intends to award one (1) contract as a result of this RFQ and will be issued on a Standard Form (SF) 1449.

Upon award, the vendor will be required to provide sample designs, layouts, artistic interpretation, and/or the physical production of final product samples for DLA’s inspection.

5. This is a 100% Small Business Set-Aside solicitation. The North American Industry

Classification System (NAICS) code for this project is 332999 (All other Miscellaneous

Fabricated Metal Product Manufacturing) and the size standard is 750 employees. The Federal Supply Code (FSC) is 9999 – Miscellaneous Items.

6. Ordering Period: The ordering period for this contract will not exceed five year from the date of contract award. The estimated Ordering Period shall be on or about as follows:

Ordering Period Base Year: 01 March 2020 – 28 February 2021 Ordering Period Year 1: 01 March 2021 – 29 February 2022 Ordering Period Year 2: 01 March 2022 – 28 February 2023 Ordering Period Year 3: 01 March 2023 – 29 February 2024 Ordering Period Year 4: 01 March 2024 – 28 February 2025

7. System for Award Management- A prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov. The contractor shall type company name, address, and Unique Entity Identifier (CAGE) code exactly as it appears in the DoD System for Award (SAM) Database. See paragraph 9 below for more information.

Company Name:

Company Address:

Telephone:

Cage Code:

Point of Contact:

Email:

Manufacturer:

8. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.

9. 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.

10. Questions shall be submitted by electronic mail to the Acquisition Specialist, Tameka Drayton via email at tameka.drayton@dla.mil , appropriate subject: SP3300-20-Q-http://www.sam.gov/ mailto:tameka.drayton@dla.mil

0012 Solicitation Question. Question(s) must be received by 3:30 p.m. Eastern local time on Friday, November 29, 2019. Answers to questions will be posted to the FEDBIZOPPS website via an amendment to the solicitation.

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

12. 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.

13. DELIVERY SCHEDULE:

Delivery Orders will be issued by email. Any Contracting Officer or Ordering Officer at DLA Distribution is authorized to place orders against this contract. Delivery:

Government desires delivery of the recognition awards and decorations within 10 calendar days after the date of Contractor receipt of a delivery order. The Government requires delivery of all frames, trophies, and decorations, within 15 calendar days after the date of Contractor receipt of a delivery order.

SHIP TO ADDRESS:

DLA Distribution Organizational Management, J9 Bldg. 430 1st Floor, Suite 1106 New Cumberland, PA 17070

14. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation; Bill of Lading, Packing List, Tracking/Delivery Confirmation or Invoice.

To ensure prompt payment to your company, the Proof of Deliveries must include the following:

• CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER

• DELIVERY ORDER NUMBER (as applicable)

• CLIN /MATERIAL NUMBER

• SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

• PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

15. LIST OF ATTACHMENTS:

Attachment 1 – Length of Service Frame

Attachment 2 – Gold Frame

Attachment 3 – Silver Frame

Attachment 4 – Bronze Frame

Attachment 5 – GDE Globe

Attachment 6 – GDE Tower

Attachment 7 – Strategic Goals Award

Attachment 7a -- Light Bulb

Attachment 8 – Gold, Blue, Green

Attachment 9 – Completed Nametag with Emblem and Dimension-Paint

Attachment 9a – Completed Nametag with Emblem and Dimension2-Paint

Attachment 10—USN Nametag Emblem

Attachment 10a – DLA Nametag Emblem Info and Size

Attachement 11—DLA Uniform Badge Large and Small Size

Attachment 12 -- USNrckrpatc

Attachment 12 a -- Navy Rocker Pic and Dimension -Paint

SCHEDULE OF SUPPLIES (Attachment 13 to RFQ):

Attachment 14- Statement of Work

Offerors shall quote Firm Fixed Unit Prices for all line items shown on CLIN 0001 through CLIN 0024; 1001 through 1024; 2001 through 2024, 3001 through 3024, and 4001 through 4024. Pricing shall be quoted as FOB Destination, with all shipping, packing and packaging charges included in the Firm Fixed Unit Prices for each item.

Vendors must complete pricing for the base and all four option years. All prices must be rounded to two decimal points. Unit of Issue: EA = Each. Please pay special attention to FAR 52.212-3 Evaluation – Commercial Items and its addenda.

Please pay special attention to FAR 52.212-3 Evaluation – Commercial Items and its addenda.

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

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:

Terms and Conditions-Commercial Items (OCT 2018) THE FOLLOWING

CLAUSES ARE INCORPORATED BY REFERENCE:

FAR 52.204-9 Personal Identity Verification Of Contractor Personnel FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.223-10 Waste Reduction Program FAR 52.228-5 Insurance - Work On A Government Installation FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation FAR 52.247-34 F.o.b. Destination FAR 52.253-1 Computer Generated Forms DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7000 Disclosure Of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors DFARS 252.204-7009 Limitations on the Use of Disclosure of Third-Party Contractor

Reported Cyber Incident Information DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7021 Trade Agreements DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments

DFARS 252.237-7010 Prohibition On Interrogation Of Detainees By Contractor Personnel DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea DLAD 52.204-9000 Contractor Personnel Security Requirements

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

(End of Clause)

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 1, 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 single item in excess of 150 ea. single item;

(2) Any order for a combination of items in excess of 750 ea.; or

(3) A series of orders from the same ordering office within fifteen (15) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (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 five (5) 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.

52.216-22 Indefinite Quantity.

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 under this contract after February 28, 2025.

(End of clause)

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 March 1, 2020 through February 28, 2025.

(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.

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

(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 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

________________Invoice____________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

________________ Not Applicable ___________________________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

https://wawf.eb.mil/

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC** SP3300

Inspect By DoDAAC N/A

Ship To Code SB3300

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*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.

________________Not Applicable______________________________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

(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 Executive Orders – Commercial Items (OCT 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 (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

X (14) (i) 52.219-6 Notice Of Total Small Business Set-Aside (DEVIATION 2019- O0003) (Dec 2018) (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 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.

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

X (19) 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003) (Dec

2018)

(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 (Oct 2019) (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 (Oct 2019) (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).

X (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) 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 (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

(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).

52.222-53 Exemption from Application of the Service Contract Labor Standards

(7) 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v)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.

(vi)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.

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

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

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

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

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

(xii) 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.

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

(xiv) (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).

(xv) 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.)

(xvi) 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)

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

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

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

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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.

(End of Clause)

SOLICITATION PROVISIONS:

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR 52.203-18 Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-20 Predecessor of Offeror FAR 52.209-2 Prohibition on contracting with inverted domestic corporations— representation FAR 52.217-5 Evaluation of Options FAR 52.222-22 Previous contracts and compliance reports FAR 52.222-25 Affirmative action compliance FAR 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications

DFARS 252.203-

Representation relating to compensation of former DOD officials

DFARS 252.204-

Compliance With Safeguarding Covered Defense Information Controls

DFARS 252.247-

Representation of Extent of Transportation by Sea

The following provisions are incorporated by full text:

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C.

1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203- 12).

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

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

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

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

(End of Provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this provision--Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

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

and

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

(End of Provision)

FAR 52.216-1 – TYPE OF CONTRACT (APR 1984)

The Government contemplates award of one Fixed Price Indefinite-Delivery-Indefinite-Quantity (IDIQ) Contract, with issuance of Firm Fixed Price (FFP) orders for 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 Jennifer D. Fasting, Acquisition Operations, DLA Distribution, 430 Mifflin Ave. Suite 3102A, New Cumberland PA 17070-5008.

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

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

DLAD 52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(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.

(End of Provision)

FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS (DEVIATION 2018-O0018)

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 the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

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

(e) Multiple offers

(h) Multiple awards

QUOTE SUBMISSION INSTRUCTIONS:

1. Submit quotation electronically via email to Tameka.Drayton@dla.mil by 3:30PM Eastern Time on Friday, December 20, 2019. A Facsimile or hard copy submission of quote will not be accepted.

2. The Offeror shall submit the quotation in three 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.

Instructions contained herein are to serve as a guide in preparation of quotes; however, they are not intended to be all inclusive. The instructions generally describe the type and extent of information which should be provided in the quote. The offeror is expected to completely examine and analyze all aspects of the technical capabiliy, past performance, and price areas to be addressed, and to include information in the quote which will enable the evaluators to determine the offeror’s understanding of the requirements in each of the above areas. Quotes must have this statement in the footer or header of each page: Source Selection Information See FAR 2.101 and 3.104.

3. Quote must have this statement in the footer or header of each page: “Source Selection Information - See FAR 2.101 and 3.104” and “For Official Use Only”

ORGANIZATION:

The offeror shall submit their quote in the English language in three (3) separate volumes as follows:

VOLUME TITLE Page Limitations I Price Quote None II Technical None III Past Performance None

VOLUME I - Price Quote:

Quotations may be submitted in contractor format and shall include:

(1) Signed and dated quote/cover letter with the following information: Solicitation Number, Company name, address, Contractor point of contact, telephone number, e-mail address, Contractor DUNS Number, and Commercial and Government Entity (CAGE) Code.

(2) Completed Attachment 13 - Schedule of Supplies (Note: See Note Below)

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

(4) 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.

Note: Completed Schedule of Supplies/Services for base ordering period year and four

(5) ordering period years in EXCEL file Workbook format. Prices must be rounded to two decimal points. One soft copy of the completed Schedule of Supplies/Services for Base Ordering Period Year and Four Ordering Period Years in EXCEL file Workbook format is provided with this RFQ. The EXCEL Workbook contains five (5) worksheets, one for each year of period of performance. EXCEL spreadsheets contain formulas for calculating the total price per CLIN for CLINs 0001 through 0024, 1001 through 1024, 2001 through 2024, 3001 through 3024, and 4001 through 4024. Offeror is to complete the Unit Price column for each contract year.

VOLUME II – Technical Capability:

The offeror shall clearly discuss how they will process Government delivery orders and meet contract delivery timeframes.

The offeror shall provide any applicable information (including any descriptive literature) which demonstrates that the Offeror clearly and fully understands and meets the minimum technical requirements necessary to manufacture and deliver the requirements of this solicitation.

The Offeror shall describe in detail each of the following items in their quote.

1. Descriptive literature for the proposed items/products such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer if proposing other than the brand name to include salient characteristics.

2. How offeror will meet required delivery dates IAW FAR 52.211-9 Desired and Required Time of Delivery.

3. How offeror will plan for and coordinate the custom fitting and sizing for each set of turnout gear/personal protective equipment at the government site, New Cumberland, PA 17070, by the contractors' sales representative.

4. The offeror shall describe how they will insure quality control throughout the delivery order process from receipt of delivery order through processing of delivery order, delivery of items by required delivery date, receipt of items, and invoice and close-out of delivery order.

Volume III –Past Performance

The offeror…