SP330020Q0109 COMBINED SYNOPSIS SOLICITATION.pdf

SP3300-20-Q-0109

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 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-0109.

3. This notice incorporates provisions and clauses in effect

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 following FAR, DFARS, and DLAD provisions and clauses apply to this RFQ. The full text version of these provisions and clauses may be viewed at:

FAR https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

Select Title 48, Federal

Acquisition Regulations System.

Chapter 1 is the FAR

DFAR https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

Select Title 48, Federal

Acquisition Regulations System.

Chapter 2 is the DFARS

DLAD https://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

4. DESCRIPTION OF REQUIREMENT: The Contractor shall remove and dispose of approximately 7,500 gallons of non-hazardous sludge solids (referred to as sludge throughout the remainder of this document) annually from the Defense Distribution Center, Susquehanna and Naval Support Activity Mechanicsburg.

Contractor shall remove sludge four (4) times per year. Waste shall be removed from two pits located in the each bay of Defense Distribution Center, Susquehanna’s vehicle wash racks located in Building 749 (these two pits are approximately 3’ x 3’ x 3’). There are two additional pits at Defense Distribution Center, Susquehanna inside Building 2001 sweeper cleanout room (these two pits are approximately 3’ x 2’ x 3’). The contractor can access the Defense Distribution Center, Susquehanna pits by removing grates. There are two additional pits at

Naval Support Activity Mechanicsburg which are approximately 4’ x 5’ x 4” and 4’ x 4’ x 4”.

Contractor is responsible to ensure sludge removed from pits does not exceed the 7,500 gallons annual limitation. Contractor shall transport sludge to a DEP approved facility for final disposition. Price quote should reflect contractor cleaning all pits on Defense Distribution Center, Susquehanna and Naval Support Activity

Mechanicsburg on the same day. However, if the gallon or truck hauling limit of the contract will be met and additional solid waste requires removal to maintain operation of the pits prior to the contract expiring, the contractor will remove and dispose of additional sludge from the pits at no increase in the unit cost. For unforeseen circumstances such as large quantities of oil or filamentous bacteria, the contractor will provide a separate quote for sludge removal and wait for approval to remove the sludge.

https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

The quantities in Attachment 1 Are approximate. The vendor shall not exceed the removal of quantities in the schedule without authorization from the contracting officer.

5. LIST OF ATTACHMENTS:

Attachment 1 Schedule of Services

Attachment 2 Statement of Work

Attachment 3 Wage Determination

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

7. This solicitation is 100% Set Aside for Small Business Concerns. The Federal Supply Code (FSC) for this acquisition is F108 (Hazardous Waste Removal and the North American Industry Classification

System (NAICS) for this acquisition is 562112 with a small business size standard of $41.5 million. This contract will have no Defense Priorities and Allocation System (DPAS) rating.

8. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, 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 SAM website at beta.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM)

Database.

9. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS

Clause 252.232-7006.

SOLICITATION PROVISIONS SECTION

FAR Provision 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. (Jan 2017)

Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (Jan 2017)

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

(c) Period of acceptance of offers. The Offeror agrees to hold prices in its offer firm for 45 calendar days from the date specified for receipt of offers.

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

(d) Product samples;

(e) Multiple Offers; and

(h) Multiple Awards

Instructions to Offerors

This acquisition will be solicited in accordance with FAR Subpart 12.6 –the Streamlined Procedures for the

Evaluation and Solicitation of Commercial Items.

Quote Submission Instructions –Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

(1) Company name, address, telephone number, e-mail address, and FAX number;

(2) Solicitation number;

(3) Unit Price and extended prices for all CLIN(S). Offerors should use Attachment 1 Schedule of Services to submit its quote. Offerors shall quote Firm Fixed Unit Prices for all line items shown on the Schedule of

Supplies/Services included as Attachment 1 to this solicitation. Pricing shall be quoted as FOB Destination, with all shipping, packing and packaging charges included in the Firm Fixed Unit Prices for each item. All prices must be rounded to two decimal points.

Place of Performance:

NAVAL INVENTORY CONTROL POINT (NAVICP) 5450

CARLISLE PIKE, BLDG 204

MECHANICSBURG, PA 17055

AND

DLA DISTRIBUTION SUSQUEHANNA

2001 MISSION DR., BLDGS. 750 AND 2001 (EDC)

NEW CUMBERLAND, PA 17070

(4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code; ____________

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

(6) A completed copy of the provision at 52.212-3, Offeror Representations and Certifications --

Commercial Items, or a statement that the Offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://beta.sam.gov. If the latter of the two options is selected, then the Offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—

Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this RFQ.

7) Vendors must quote all CLINS to be considered for award. The contract will have a base year and four (4) option years. The estimated contract periods of performance are as follows:

BASE: AUG 17, 2020 – AUG 16, 2021 (One year from date of award)

Option 1: AUG 17, 2021 – 16 AUG 2022 (if exercised)

Option 2: AUG 17, 2022 – AUG 16, 2023 (if exercised)

Option 3: AUG 17, 2023 – AUG 16, 2024 (if exercised)

Option 4: AUG 17, 2024 – AUG 16, 2025 (if exercised)

QUESTIONS regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, Carl Devitz, via email at carl.devitz@dla.mil, Subject: SP330020Q0109 RFQ Question. Question(s) must be received by 3:00 PM EST on Monday August 10, 2020. Answers to questions will be posted to the beta.sam.gov website via an amendment to the solicitation.

All quote submittals in item one (1) above shall be submitted via email to; carl.devitz@dla.mil, NLT

1:00PM NEW CUMBERLAND, PENNSYLVANIA TIME ON MONDAY AUGUST 17, 2020. The subject line must include SP330020Q0109.

Vendor must return the following with its quote:

1. Completed copy of Attachment 1 (Schedule of Services)

2. Completed copy of your company representations and certifications from beta.SAM.gov.

3. Signed and dated copies of solicitation amendments if any.

Failure to provide all of the above will make your quote non-responsive and it will not be considered.

Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449. There will be a single award to the vendor which provides the lowest priced technically acceptable quote for all CLINS. The quotes will be evaluated for lowest total price for all CLINS as represented on Attachment 3.

10. THE GOVERNMENT WILL AWARD A SINGLE FIRM FIXED PRICE CONTRACT AS A RESULT

OF THIS SOLICITATION.

11. ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION: Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor’s responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants.

This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

12. MANAGEMENT OF CONTRACTOR EMPLOYEES: The Contractor personnel are employees of the

Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the Performance Work Statement. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control the activities of the Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The

Contractor is accountable to the Government for the actions of its personnel.

13. ORGANIZATIONAL CONFLICT OF INTEREST: The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy

Act, the contractor agrees not to release such information without prior written approval from the Contracting

Officer. The use of such information for personal gain is prohibited.

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

Addenda FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following shall be used to evaluate offers: Quotes received will be evaluated in accordance with FAR 13.106-2. The

Government intends to award one (1) Firm-Fixed Price (FFP) contract resulting from this notice on an all or none basis to the responsible Offeror who offers the lowest total evaluated price for the services. In addition, data available in the statistical reporting module of the Federal Awardee Past Performance Information System will be evaluated. The vendor will be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

(End of Provision)

The following provisions are incorporated by reference

FAR

PROVISION

TITLE

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation

52.204-7 System for Award Management

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-20 Predecessor of Offeror

52.204-22 Alternate Line Item Proposal

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment

52.204-26 Covered telecommunications Equipment or Services--Representation

52.209-2 Prohibition On Contracting With Inverted Domestic Corporations--Representation

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-3 (Alt 1) Offeror Representations and Certifications—Commercial Items--Alternate I

52.217-5 Evaluation of Options

52.219-1 (Alt 1) Small Business Program Representations--Alternate I

52.222-22 Previous Contracts and Compliance Reports

52.222-25 Affirmative Action Compliance

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications

DFARS

PROVISION TITLE

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7004

DoD Antiterrorism Awareness Training for Contractors

252.204-7007

Alternate A, Annual Representations and Certifications

252.204-7008

Compliance with Safeguarding Covered Defense Information Controls

252.204-7011 Alternate Line Item Structure

252.215-7007 Notice of Intent to Resolicit

252.213-7013 Supplies and Services Provided by Nontraditional Defense Contractors

The following provisions are incorporated by full text

DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (ADR) (Dec 2016)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party.

The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-

1, or for the agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining

ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here ( ). Alternate wording may be negotiated with the Contracting

Officer.

FAR 52.219-1 Small Business Program Representations (Oct 2014) Alt I (Sep 2015)

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 333922.

(2) The small business size standard is 1250 Employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations.

(1) The Offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it [_] is, [_] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The Offeror represents as part of its offer that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the

Offeror represented itself as a women-owned small business concern eligible under the WOSB Program in

(c)(4) of this provision.] The Offeror represents as part of its offer that--

(i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The Offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.]

Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(7) [Complete only if the Offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The Offeror represents as part of its offer that is [_] is, [_] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents, as part of its offer, that –

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business

Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each

HUBZone small business concern participating in the HUBZone joint venture. [The Offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(9) [Complete if Offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.] The

Offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The

Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section

8(d) for a definition of program eligibility, shall --

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

End of Provision Section

SOLICITATION CLAUSE SECTION

ADDENDA TO 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

FAR 52.203-1v7 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 52.204-9 Personal Identity Verification of Contractor Personnel

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-14 Service Contract Reporting Requirements

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

FAR 52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance

Services or Equipment

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR 52.212-4 Contract Terms and Conditions—Commercial Items

FAR 52.217-8 Option to Extend Service

FAR 52.217-9 Option to Extend the Term of the Contract

FAR 52.219-6 Notice of Total Small Business Set-Aside(DEVIATION 2020-O0008

FAR 52.219-28 Post-Award Small Business Program Rerepresentation

FAR 52.222-25 Affirmative Action Compliance

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(Multiple Year and Option Contracts)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706

FAR 52.223-5 Pollution Prevention & Right-To-Know Information (Alt 1)

FAR 52.223-6 Drug Free Workplace

FAR 52.225-13 Restrictions on Certain Foreign Purchases

FAR 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

FAR 52.232-36 Payment by Third Party

FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-1 Disputes

FAR 52.233-3 Protest after Award

FAR 52.233-4 Applicable Law for Breach of Contract Claim

FAR 52.237-3 Continuity of Services

FAR 52.242-17 Government Delay of Work

FAR 52.243-1 Changes Fixed Price (Alt 1)

FAR 52.247-34 F.o.b. Destination

FAR 52.249-4 Termination for Convenience of the Government (Services) (Short Form)

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 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information

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

DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

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 252.225-7048 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 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and

Consideration

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 (JUNE 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:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (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 (31 U.S.C. 6101 note).

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

2313).

52.219-7 Notice of Total Small Business Set-Aside

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

52.219-28 Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).

52.222-3 Convict Labor

52.222-19 Child Labor—Cooperation with Authorities and Remedies (E.O. 13126).

52.222-21 Prohibition of Segregated Facilities

52.222-25 Affirmative Action Compliance

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

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

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).

52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires

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

52.222-62 Paid Sick Leave Under Executive Order 13706

52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (E.O. 13513).

52.225-13 Restrictions on Certain Foreign Purchases (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 (31 U.S.C. 3332).

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

FAR 52.252-2 Clauses 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/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

Select Title 48, Federal

Acquisition Regulations System.

Chapter 1 is the FAR

DFAR https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

Select Title 48, Federal

Acquisition Regulations System.

Chapter 2 is the DFARS

DLAD https://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Clause)

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

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://beta.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

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

__________2 in 1 Invoice______________________________________________

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

______________N/A______________________________________________

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP3300

Admin DoDAAC SP3300

Inspect By DoDAAC N/A

Ship To Code SB3222

Ship From Code N/A

Mark For Code SB3222

Service Approver (DoDAAC) SB3222

Service Acceptor (DoDAAC) SB3222

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://wawf.eb.mil/ https://wawf.eb.mil/

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

DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

Tim Frey Timothy.frey@dla.mil

Carl Devitz Carl.devitz@dla.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

N/A

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

(End of Clause)

END OF SOLICITATION