SP3300-20-Q-0025 - COMBINED SYN-SOL.docx

NOTICE TO OFFERORS

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 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. This is a Request for Quotations (RFQ) and the RFQ number is SP3300-20-Q-0025.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-04 effective 15 January 2020, and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20191231 (effective 31 December 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 HYPERLINK "http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx" \h http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

3. This RFQ is being issued to establish onea single award Firm Fixed Priced (FFP) Requirements contract(s), with Firm Fixed Price (FFP) delivery orders, for Wooden Pallets and Lid-Sheet Metal Container in accordance with the Special Packaging Instruction (SPI) for DLA Distribution Warner Robins, GA at Robins Air Force Base.

Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

4. This RFQ is solicited as a 100% small business set-aside. The North American Industry Classification System (NAICS) code for this project is 321920 and the size standard is 500 employees. The Federal Supply Code (FSC) is 8115 – Boxes, Cartons and Crates.

5. Ordering Period: The estimated Ordering Period shall be on or about as follows: Base Year: 01 April 2020 through 31 March 2021.

Option Year 1 (If exercised): 01 April 2021 through 31 March 2022.

Option Year 2 (If exercised): 01 April 2022 through 31 March 2023.

6. 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 Management (SAM) Database. See paragraph 9 below for more information.

Company Name:

Company Address:

Telephone:

Cage code:

SP3300-20-Q-0025

Point of Contact:

Email:

Manufacturer:

7. REQUIREMENTS FOR PALLETS: Material must be shipped on serviceable, winged pallets in accordance with MD00100452, Revision C, dated 09/2016. Please reference the following link for more information: https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palleti zation.aspx

The complete specification for winged pallets can be found in Part 9 of ANSI MH1. The pallet must be heat treated, certified, and stamped or branded with the appropriate certification markings in accordance with DOD Manual 4140.65-M. Please reference the DLA Master List of Technical and Quality Requirements for information at this link: https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/

Additional information can be found at: https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPac k.aspx

Failure to deliver supplies on pallets with these specifications will result in the Government not accepting the shipment when it arrives at destination. The offeror must quote shipment of supplies in accordance with this requirement.

SAMPLE SUBMISSION:

The Contractor shall submit a sample of each fiberboard shipping container within 21 calendar days after date of contract award to the Government Point of Contact at DLA Distribution Warner Robins, GA for approval. Within 10 calendar days after receipt of the sample, the Government POC will notify the Contractor concerning acceptability of the sample. The Government will issue a delivery order to accept and reimburse the Contractor for acceptable samples. If the sample does not comply with the technical specifications, the Contractor shall be responsible for correction and resubmittal of the sample at no cost to the Government. If the Contractor cannot provide acceptable samples, the Government reserves the right to terminate the contract award and either issue an award to the next lowest offeror or resolicit the requirement.

8. 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.

9. DELIVERY INFORMATION: Delivery Orders: 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 requires all Wooden Pallets and Lid-Sheet Metal Container cushioning / dunnage material supplies to be delivered with a target of 30 days, with early delivery authorized. 21 calendar days and a maximum of 30 days after the date of Contractor receipt of a delivery order.

SHIP TO ADDRESS:

SB3525

DLA Distribution Warner Robins, GA Attn: Bobby Small 775 Peacekeeper Way Bldg 351 C-Box Shop Robins AFB, GA 31098

The primary contract specialist for delivery orders for this contract is:

DLA Distribution Acquisition Operations J7 (AB) 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070 Attn: Kathleen Toland Phone: 717-770-5092 Email: kathleen.toland@dla.mil

10. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE: - The 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 and could result in the return of merchandise at contractor’s expense.

11. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation; Materials Inspection and Receiving Report (DD250), Bill of Lading, Packing List, Tracking/Delivery Confirmation or Invoice.

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

· CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER

· DELIVERY ORDER NUMBER (as applicable)

· CLIN /MATERIAL NUMBER

· SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

· PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

12. Questions shall be submitted by electronic mail to the Acquisition Specialist, Kathleen Toland via email at kathleen.toland@dla.mil , appropriate subject: SP3300-20-Q-0025 Solicitation Question. Question(s) must be received by 3:00 p.m. Eastern local time on January 1628, 2020. Answers to questions will be posted to the WWW.BETA.SAM.GOV website via an amendment to the solicitation.

13. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006. Any delivery order resulting with an amount below $10,000.00 the method of payment will be by Government Purchase Card.

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

LIST OF ATTACHMENTS:

Attachment 1 – Schedule of Supplies Attachment 2 – Drawings for CLINs 0001 through 0029 Attachment 3 – Past Performance Questionnaire Attachment 3 – Past Performance Questionnaire

SCHEDULE OF SUPPLIES (Attachment 1 to RFQ) Offerors shall quote Firm Fixed Unit Prices for all line items shown on CLIN 0001 through CLIN 0029; 1001 through 1029; and 2001 through 2029. 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 allthe two 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.

ESTIMATED QUANTITIES: The quantities shown in the Schedule of Supplies are estimated only. They represent the Government’s best-known estimate for each line item. Payment will be made only 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. Contractors must submit an offer for all contract line items (CLINS) to be considered for award.

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:

Requirements Relating to Compensation of Former DoD Officials

Requirement to Inform Employees of Whistleblower Rights

Representation Relating to Compensation of Former DoD Officials

Control of Government Personnel Work Product

Compliance with Safeguarding Covered Defense Information Controls

Safeguarding Covered Defense Information and Cyber Incident Reporting

Notice of Authorized Disclosure of Information for Litigation Support

Provision of Information to Cooperative Agreement Holders

Subcontracting With Firms That Are Owned or Controlled By The government of A Country That Is a State Sponsor of Terrorism

Item Unique Identification and Valuation

Prohibition of Hexavalent Chromium

Buy American-Balance of Payments Program Certificate

Buy American and Balance of Payments Program

Qualifying Country Sources as Subcontractors

Preference for Certain Domestic Commodities

Trade Agreements

Export Controlled Items

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

Electronic Submission of Payment Requests and Receiving Reports

Levies on Contract Payments

Pricing of Contract Modifications

Requests for Equitable Adjustment

Subcontracts for Commercial Items

Transportation of Supplies by Sea

Clauses incorporated by full text:

FAR 52.216-2 -- Economic Price Adjustment -- Standard Supplies. Economic Price Adjustment -- Standard Supplies (Jan 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for all line items is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

ECONOMIC PRICE ADJUSTMENT

Due to the volatile nature of paper related products, incorporation of an economic price adjustment clause will afford the Government the ability to establish an Indefinite Delivery Requirements contract for a one (1) year base period with two (2) one (1) year option periods. Market prices for the commodities used in fiberboard shipping containers can be found in Pulp and Paper Weekly - Unbleached Kraft Linerboard (42 lb.) East and Semichemical Corrugating Medium (26 lb.), East. Pulp and Paper is the most circulated and respected source of information within the fiberboard industry. The website for the Pulp and Paper is www.pulpandpaper.net.

52.216-19 – ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, 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 $1,500,000.00;

(2) Any order for a combination of items in excess of $4,500,000.00; 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.

(End of Clause)

52.216-21 – REQUIREMENTS (OCT 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after October 31, 2022.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(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):FAR- HYPERLINK "http://farsite.hill.af.mil/" \h http://farsite.hill.af.mil/ FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD DLAD – http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

- HYPERLINK "http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx" \h http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx 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 April 1, 2020 through March 31, 2023.

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

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

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

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

(End of Clause)

(End of Clause)

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 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.

(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*

(*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.

_ NA _

(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 OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (May 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.]

funded by the American Recovery and Reinvestment Act of 2009).

(Oct 2018) (41 U.S.C. 2313).

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

U.S.C. 632(a)(2)).

U.S.C. 637(m)).

E.O. 13627).

acquisition of commercially available off-the-shelf items.)

2015) (E.O.s 13423 and 13514).

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).

X

proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

5150).

U.S.C. 2307(f)).

(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.]

and 41 U.S.C. chapter 67).

(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) (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.

(End of Clause)

The following provisions are incorporated by reference:

agreements or statements representation

Representation relating to compensation of former DOD officials

Alternate A, Annual Representations and Certifications

Compliance with safeguarding covered defense information controls

Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

Buy American – Free Trade Agreements – Balance of Payments

Representation of Extent of Transportation by Sea

The following provisions are incorporated by full text:

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 960 calendar days from the date specified for receipt of offers.

The following three (3) paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples

(e) Multiple offers

(h) Multiple awards

QUOTE SUBMISSION INSTRUCTIONS:

1. The hour and date for receipt of quotes is 3:00 p.m. Eastern Standard Time on 2403 February, 2020, to be considered for award. Email to Kathleen Toland at Kathleen.toland@dla.mil. Facsimile and hard copy submissions of quotes will not be accepted. Failure to submit your response by this date and time may result in non-consideration of your quote.

Quotes shall include all required documentation as listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.2.

Instructions contained herein are to serve as a guide in preparation of quotes; however, they are not intended to be all inclusiveall-inclusive. The instructions generally describe the type and extent of information whichinformation, which should be provided in the quote. The offeror is expected to completely examine and analyze all aspects of the technical/business, past performance, and price areas to be addressed, and to include information in the quote whichquote, 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. Organization/Number of Copies/Page Limits: The Offeror shall prepare the quote as set forth in the table below. The titles and contents and number of copies required for each volume are defined in this table. The Offeror shall prepare the quote in the English language as set forth below. Quotes shall be submitted as THREE (3) separate volumes as follows:

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

Note: Completed Schedule of Supplies/Services for base year and two (2) option 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 Year and Two Option Years in EXCEL file Workbook format is provided with this RFQ. The EXCEL Workbook contains three (3) worksheets, one for each year of period of performance. EXCEL spreadsheets contain formulas for calculating the total price per CLIN for CLINs X001 thur X029and X002. Offeror is to complete the Unit Price column for each contract year.

VOLUME II – Technical Capability

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.

To be technically acceptable, the offeror must clearly discuss their manufacturing processes and procedures to fabricate the shipping containers, pallets and lids set forth in the Schedule of Supplies.

To be technically acceptable, the offeror must clearly discuss how they will process Government delivery orders and meet contract delivery timeframes.

To be technically acceptable, the offeror must clearly discuss their plan to maintain quality control at each of their manufacturing locations used to provide the required items during the performance of this contract.

VOLUME III – Past Performance

The offeror shall describe their background, knowledge and experience related to the manufacture and delivery of shipping containers, pallets and lids.