SP330020Q0100 Combined Synopsis-Solicitation.pdf

SP3300-20-Q-0100

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 combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6 in conjunction with Subpart 13.5 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is SP3300-20-Q-0100.

3. This notice incorporates provisions and clauses in effect under:

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Regulations 2020-08 14 July 2020 Defense Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice (DPN)

20200605 05 June 2020

Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through

PROCLTR

2020-13 25 June 2020

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

FAR- https://www.ecfr.gov (Reference Title 48) 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) is being issued to establish one (1) Fixed Priced (FP) Requirements contract, with Firm Fixed Price (FFP) delivery orders, for the purchase box kits, boxes and dunnage for DLA Distribution Anniston, Alabama in accordance with the Statement of Work (SOW). The Government intends to award one contract as a result of this RFQ and will be issued on a Standard Form (SF) 1449.

5. DLA Distribution is soliciting this requirement as a 100% small business set-aside. The North American Industry Classification System (NAICS) code for this procurement is 322211 and the size standard is 1,250 employees. The PSC Code for this procurement is 8140 – Ammunition and Nuclear Ordnance Boxes, Packages and Special Container. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

6. Questions shall be submitted by electronic mail to the Acquisition Specialist, Alexander.ramirez@dla.mil, Subject: SP3300-20-Q-0100 Solicitation Question(s). Question(s) must be received by August 14, 2020, 1:00PM Eastern Time. Answers to questions will be posted to the Beta.Sam.gov website via an amendment to the solicitation

7. Ordering Period: The estimated Ordering Periods shall be on or about as follows:

Base Year: 01 October 2020 through 30 September 2021 Option Year One: 01 October 2021 through 30 September 2022 Option Year Two: 01 October 2022 through 30 September 2023 Option Year Three: 01 October 2023 through 30 September 2024 Option Year Four: 01 October 2024 through 30 September 2025 https://www.ecfr.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx mailto:Alexander.ramirez@dla.mil

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. 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/Palletizat ion.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/WoodPack.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.

10. SYSTEM FOR AWARD MANAGEMENT: IAW FAR 4.1102(a), Offerors are required to be registered in the System for Award Management (SAM) database at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. Refer to DFARS 204.1103 for helpful information on navigation and data entry in the SAM database. Registration may be done on line at: www.acquisition.gov or www.sam.gov. Contractor shall provide company name, address, CAGE Code, and DUNS Number exactly as it appears in the DoD System for Award Management Database.

Company Name: _________________________________ Company Address: _________________________________ CAGE Code: _________________________________ DUNS Number: _________________________________ Contractor POC: _________________________________ Telephone: _________________________________ Email: _________________________________

11. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area WorkFlow. See DFARS Clauses 252.232-7006 and 252.232-7003.

12. 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.

13. Unit of Issue: Kits = KT

14. Delivery Order Information: Delivery Orders will be issued by email. Only DLA Distribution contracting officers or ordering officers are authorized to place orders against this contract. Government Card Purchase card holders are not authorized to place orders against this contract. This contract is for DLA Distribution requirements and only DLA Distribution is authorized to place orders against this contract.

https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/ https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx http://www.sam.gov/

Delivery: Government requires all box kits, boxes and dunnage kits to be delivered with a target of 30 calendar days after the date of Contractor receipt of a delivery order.

SHIP TO: SB3540

DLA Distribution Anniston, Alabama 7 Frankford Avenue Bldg. 362 Central Receiving Anniston, AL 36201

15. 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

Attachments:

Attachment 1 – Statement of Work (SOW) Attachment 2 – Schedule of Supplies/Services (Offeror to Complete and Return with Quote) Attachment 3- Special Packaging Instructions (SPI) SPI No. 13028723 Attachment 4- Special Packaging Instructions (SPI) SPI No. 12973001 Attachment 5- Special Packaging Instructions (SPI) SPI No. 9390000 Attachment 6- Special Packaging Instructions (SPI) SPI No. 11826290 Attachment 7- Special Packaging Instructions (SPI) SPI No. 12976814 Attachment 8- Special Packaging Instructions (SPI) SPI No. 13027484 Attachment 9- Special Packaging Instructions (SPI) SPI No. 7266299 Attachment 10- D5118-D5118M Attachment 11- D1974-D1974M Attachment 12- D4727-D4727M

SCHEDULE OF SUPPLIES/SERVICES

See Attachment 2 - Schedule of Supplies

CLAUSES AND PROVISIONS

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

CLAUSES INCORPORATED BY REFERENCE:

FAR 52.203-3 Gratuities FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of whistleblower Rights FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment FAR 52.211-17 Delivery of Excess Quantities FAR 52.232-1 Payments

FAR 52.232-8 Discounts for Prompt Payment FAR 52.232-11 Extras FAR 52.232-23 Assignment of Claims FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.242-13 Bankruptcy FAR 52.246-2 Inspection of Supplies – Fixed Price FAR 52.246-16 Responsibility for Supplies FAR 52.247-34 F.O.B. Destination FAR 52.253-1 Computer Generated Forms DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders DFARS 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The government of A

Country That Is a State Sponsor of Terrorism DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7048 Export Controlled Items DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (Jul 2020)

(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:

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)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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).

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

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

52.219-14 Limitations on Subcontracting (Mar 2020) 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

52.219-33 Nonmanufacturer Rule

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O.

13126).

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

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

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

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

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

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

52.222-50 Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

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).

52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

CLAUSES INCORPORATED BY FULL TEXT:

FAR 52.216-2 -- 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) above.

(End of Clause)

FAR 52.216-19 – Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 500 KT, 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 15,000 KT;

(2) Any order for a combination of items in excess of 35,000 KT; or

(3) A series of orders from the same ordering office within thirty (30) 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.

FAR 52.216-21 – Requirements (Oct 1995)

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

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after expiration of the contract.

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.

FAR 52.252-2 – Clause Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR- https://www.ecfr.gov (Reference Title 48) DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

DFARS 252.216-7006 Ordering (Sep 2019)

(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 October 1, 2020 through September 30, 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 https://www.ecfr.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx 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

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):

INVOICE

(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.

(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.

[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 N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Service Acceptor (DoDAAC) SB3540 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(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

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

PROVISIONS INCORPORATED BY REFERENCE:

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

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

FAR 52.204-7 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 52.222-22 Previous contracts and compliance reports FAR 52.222-25 Affirmative action compliance FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation FAR 52.225-18 Place of Manufacture FAR 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications DFARS 252.225-7000 Buy American-Balance of Payment Program Certificate – Basic DFARS 252.203-7005 Representation relating to compensation of former DOD officials DFARS 252.204-7008 Compliance with safeguarding covered defense information controls DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

DFARS 252.225-7012 Preference for Certain Domestics Commodities DFARS 252.225-7035 Buy American – Free Trade Agreements – Balance of Payments DFARS 252.247-7022 Representation of Extent of Transportation by Sea DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Deviation

2020-O0005)

PROVISIONS INCORPORATED BY FULL TEXT:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 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 52.207-4 – Economic Purchase Quantity -- Supplies (Aug. 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each Offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

ITEM QUANTITY PRICE QUOTATION TOTAL

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government’s requirements indicate that different quantities should be acquired.

(End of Provision)

FAR 52.209-5 – Certification Regarding Responsibility Matters (Oct 2015) (a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if Offeror checks “have”, the Offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

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

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

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

(b) The Offeror represents that—

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

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

(End of provision)

DFARS 252.213-7000- Notice To Prospective Suppliers On Use Of Supplier Performance Risk System In Past Performance Evaluations (Sep 2019)

(a) The Supplier Performance Risk System (SPSR) application (https://www.ppirssrng.csd.disa.mil/) will be used in the evaluation of suppliers’ past performance in accordance with DFARS 213.106-2(b)(i).

(b) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.

(c) The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested) and other https://www.ppirssrng.csd.disa.mil/ http://www.acq.osd.mil/dpap/dars/dfars/html/current/213_1.htm#213.106-2 provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.

(d) SPRS classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the SPRS User’s Manual found at https://www.ppirssrng.csd.disa.mil/pdf/PPIRS-SR_UserMan.pdf.

Contractors are granted access to SPRS for their own classifications only. Suppliers are encouraged to review their own classifications, the SPRS reporting procedures and classification methodology detailed in the SPRS User's Manual, and SPRS Evaluation Criteria available from the references at https://www.ppirssrng.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf. The method to challenge a rating generated by SPRS is provided in the User’s Manual.

(End of provision)

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)

ADDENDA TO FAR 52.212-1 Instructions To Offerors – Commercial Items (Jun 2020) 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 90 calendar days from the date specified for receipt of offers.

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

(e) Multiple offers

(h) Multiple awards

QUOTE PREPARATION INSTRUCTIONS

GENERAL

1. All quotes must be received electronically via email at: Alexander.ramirez@dla.mil, Subject: SP3300-20-Q- 0100 Quotation – “Offeror’s Company Name”. Quotations and samples must be received by August 31, 2020, 1:00PM Eastern Time to be considered for award. Facsimile and hard copy submissions of quotes will not be accepted.

2. 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. 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 capability, 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.

https://www.ppirssrng.csd.disa.mil/pdf/PPIRS-SR_UserMan.pdf https://www.ppirssrng.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf mailto:Alexander.ramirez@dla.mil

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 electronic files as follows:

FILE TITLE Page Limitations I Technical Capability None II Past Performance None III Pricing None

FILE I- Technical Capability The Offeror shall provide the required sample(s), 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 provide a quantity of five (5) samples (1 of each CLINs) for technical evaluation no later than the date provided in paragraph 1 under quote preparations section.

Offeror shall mark EACH sample with the Offeror’s CAGE code.

Due to current base restrictions, no hand deliveries will be accepted.

The Contractor shall deliver samples to be evaluated for the Army’s Machine Gun, Cal .50, M2A1 Quick Change Barrel w/BII, 5.56MM, M4, M16A4, M240 and M240B box kits to the following address:

DLA Distribution Anniston, Alabama 7 Frankford Avenue Bldg. 362 Central Receiving Anniston, AL 36201 ATTN: Darryl McMillon

Note: The Offeror should not send any other proportion of its quote to the above address.

The samples provided by the Offeror must demonstrate that comply with the American Society for Testing and Materials (ASTM) D5118/D5118M-15, Standard Practice for Fabrication of Fiberboard Shipping Boxes and ASTM D1974/D1974M-10, Standard Practice for Methods of Closing, Sealing and Reinforcing Fiberboard Boxes as described in attachments 9 and 10.

All corrugated fiberboard liners on the samples should be in accordance with required standards as specified in the ASTM D4727/D4727M-07, Standard Specification for Corrugated and Solid Fiberboard Sheet Stock (Container Grade) and Cut Shapes as described in attachment 11.

The Offeror must clearly confirm that it will meet delivery orders timeframes delivery in accordance with the paragraph 14 Delivery Order Information.

FILE II – Past Performance

If an Offeror does not possess any relevant information on the following sources: Supplier Performance Risk System (SPRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), the Offeror shall submit recent and relevant past performance data. Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the contract occurred.

Recent contracts are defined as any contract under which any performance, delivery, or corrective action has occurred within the following time standards: five (5) years prior to this RFQ issuance date, regardless of the award date. The Government shall consider only consider relevant past performance data. To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of scope, complexity, magnitude of effort, and schedule. The Offeror must demonstrate through past performance an ability to perform the work described in the solicitation. This is done by demonstrating that it has successfully executed recent contracts of similar scope and magnitude within the past five (5) years. The Government recommends submission of at least three (3) contracts, but will evaluate any and all submitted. Offerors shall provide contract numbers for government contracts that are recent and relevant to this requirement as defined above. If subcontractor experience is provided as part of the most relevant contracts provided, it will be given weight relative to the percentage of effort being provided by that particular subcontractor in the offer submitted.