SP330020Q0139 DDSP Reefer Refrigerator Trailers.pdf

Solicitation RFQ SP3300-20-Q-0139 DDSP Reefer Refrigerator Trailers Page 1 of 28

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-0139.

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

REGULATION IDENTIFICAT

ION

EFFECTIVE DATE

Federal Acquisition Regulations 2020-08 13 August 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/cgi-bin/ECFR?page=browse Select Title 48 then Chapter 1.

DFARS: https://www.ecfr.gov/cgi-bin/ECFR?page=browse Select Title 48 then Chapter 2.

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

4. Description of Requirement: This Request for Quote is issued to establish a Firm Price (FFP) to establish a contract on an “as needed basis” for three (3) temperature controlled trucks (53' Reefer Trailers) immediately with the option to lease up to a total of nine (9) additional trucks to store product for COVID-19 shipments. Primary Power source is electrical/plug-in with Gas Backup. The Government intends to award one contract as a result of this solicitation. Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449.

5. Set Aside: This solicitation is a 100% Small Business Set-Aside. The Product Service Code (PSC) for this acquisition is W023-Lease or Rental of Equipment- Ground Effect Vehicles, Motor Vehicles, Trailers, and Cycles, and the North American Industry Classification System (NAICS) code is 532120 (Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing with a size standard of $41.5 million. There is no Defense Priorities and Allocations System (DPAS) rating for this acquisition.

6. Period of Performance: This is a six (6) month requirement consisting of six (6) one (1) month options for an estimated Period of Performance as follows:

Estimated- September 14, 2020 to September 14, 2021

Three (3) trailers shall be delivered within seven (7) days of award)

7. Wage Determination: This requirement is subject to the Service Contract Act Wage Determination

No. 2015-4245 Revision No. 11 dated 6/3/2020. Pursuant to FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, the following data is provided for informational purposes only and is not a wage determination. The Wage Grade (WG) equivalent to this position is as follows:

https://www.ecfr.gov/cgi-bin/ECFR?page=browse https://www.ecfr.gov/cgi-bin/ECFR?page=browse http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

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Employee Class Monetary Wage-Fringe Benefits Heavy Equipment Mobile Mechanic – WG-8 $26.50 Step 1

8. 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.

9. 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/Statement Of Work.

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.

10. 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.

11. Organizational Conflict of Interest:

1. 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 statement of work or specification unless directed to do so in writing by the Contracting Officer

2. If the contractor, in the performance of this contract, obtains access to information such asplans, 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.

3. 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.

12. 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.

The contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company Name:

Company Address:

Telephone:

http://www.acquisition.gov/ http://www.sam.gov/

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Cage code:

Point of Contact:

Email:

13. Invoicing and Payment: Invoicing and Payment will be made via Wide Are Work Flow (WAWF).

Reference DFARS Clause 252.232-7003 and DFARS 252.232-7006.

14. Questions: regarding this solicitation must be submitted by email to the Contract Specialist, Tameka Drayton, at Tameka.drayton@dla.mil. Questions must be received by 3:30 PM Eastern time on 27 August 2020. Questions received after this date and time may not receive a response. Answers to questions will be posted to the beta.SAM.gov website via an amendment to the solicitation. No information concerning this solicitation will be provided in response to telephone calls.

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

Attachments:

• Attachment 1 – Statement of Statement (SOW)

• Attachment 2 – Schedule of Supplies

• Attachment 3 – Wage Determination

Schedule of Supplies:

The list of line item numbers and items, quantities, and units of measure for this requirement are included in the Schedule of Supplies/Services included as Attachment 2 to RFQ SP330020Q0139.

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) with Alternate I (Jan 2017) The following Alt I fill-ins apply:

Paragraph (i)(1) (ii)(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:

None.

(2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0

The following clauses are incorporated by reference:

FAR 52.203-3 Gratuities 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 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.223-10 Waste Reduction Program FAR 52.227-1 Authorization and Consent FAR 52.228-5 Insurance -- Work on a Government Installation mailto:Tameka.drayton@dla.mil

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FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.237-3 Continuity of Services FAR 52.242-13 Bankruptcy FAR 52.242-15 Stop-Work Order FAR 52.242-17 Government Delay of Work FAR 52.247-34 F.o.b. – Destination FAR 52.253-1 Computer Generated Forms DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7000 Disclosure of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors 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 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

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

Hazardous Materials – Basic DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7021 Trade Agreements. (DEVIATION 2020-O0019) DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(End of clause) The following clauses are incorporated in full text:

52.217-6-- Option for Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days from the expiration date of the contract.

(End of Clause)

DFARS 252.232-7010 Levies on Contract Payments DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea DLAD 52.204-9000 Contractor Personnel Security Requirements

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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 the period of performance; 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 three (3) years and six (6) months (months)(years).

(End of Clause)

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

(a) Definition. “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 size standards in this solicitation.

(b) Applicability. This clause applies only to— (1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any domestic firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall— (i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of clause)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits Heavy Equipment Mobile Mechanic – WG-8 $26.50 Step 1

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?page=browse Select Title 48 then Chapter 1.

DFARS: https://www.ecfr.gov/cgi-bin/ECFR?page=browse Select Title 48 then Chapter 2.

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

(End of Clause)

DFARS 252.232-7006 Wide Area Work Flow Payment Instructions (Dec 2018) https://www.ecfr.gov/cgi-bin/ECFR?page=browse https://www.ecfr.gov/cgi-bin/ECFR?page=browse

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(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 AS 2-IN-1 (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. INVOICE AS 2-IN-1 (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 thesystem.

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 Not Applicable

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Ship To Code Not Applicable Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) SB3300 Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Not Applicable (Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (AUG 2020) – Alternate II (AUG 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 (JUN 2020)

(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. (JUN 2020) (31 U.S.C. 6101 note).

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

52.219-28 Post-Award Small Business Program Re-representation (MAY 2020) (15 U.S.C. 632(a)(2)).

52.222-3 Convict Labor (JUN 2003) (E.O. 11755).

52.222-19 Child Labor—Cooperation with Authorities and Remedies.

(DEVIATION 2020-O0019)

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

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

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

52.222-37 Employment Reports on Veterans (JUN 2020) (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).

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52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (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).

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).

(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 referenceto implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015).

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

Addenda to FAR 52.212-1 – Instructions to Offerors – Commercial Items (DEVIATION 2018- O0018) (Oct 2018)

• the following paragraphs are hereby deleted from this provision: (e) multiple offers, (h) multiple awards

• paragraph (c) period for acceptance of offers, this paragraph is tailored to read as follows “The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.”

The following provisions are incorporated by reference:

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

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-20 Predecessor of Offeror FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment

(AUG 2020)

FAR 52.204-26 Covered Telecommunications Equipment or Services—Representation 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 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran – representation and certifications DFARS 252.203-7005 Representation relating to compensation of former DOD officials DFARS 252.204-7007 Alternate A, Annual Representations and Certifications DFARS 252.204-7008 Compliance with safeguarding covered defense information controls DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations DFARS 252.225-7974 Representation regarding business Operations with Maduro Regime (Deviation

2020-O0005) DFARS 252.247-7022 Representation of Extent of Transportation by Sea

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity

Trailers Page 10 of 28 identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) 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);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision) Amendment(s) published July 14, 2020, in 85 FR 42679 Effective Dates: Aug. 13, 2020

11. Amend section 52.204-25 by—

a. Revising the date of the clause;

b. In paragraph (a), adding in alphabetical order the definitions “Backhaul”, “Interconnection arrangements”, “Reasonable inquiry” and “Roaming”;

c. Revising paragraph (b); and

d. Removing from paragraph (e) “this paragraph (e)” and adding “this paragraph (e) and excluding paragraph

(b) (2)” in its place.

The revisions read as follows:

(End of Provison)

Quote Preparation Instructions

1. All quotes must be received electronically via email at tameka.drayton@dla.mil by 3:30 PM EST on 1 September 2020. 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 must have this statement in the footer or header of each page: Source Selection Information See FAR 2.101 and 3.104.

Quotations may be submitted in contractor format and shall include:

1) Company name, address, telephone number, e-mail address, and FAX number mailto:tameka.drayton@dla.mil

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2) Solicitation number

3) Unit Price and extended prices for ALL CLINS

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) Descriptive literature for submission of products to demonstrate the item meets the minimum salient characteristics found in the Attachment -1 Schedule of Supplies.

The Offeror's Price Quote shall be submitted for quantities required in accordance with Attachment -1 Schedule of Supplies/Services CLIN structure of the solicitation. The offeror shall provide the total price for each CLIN and the overall total price for all CLINS. The Price Quote shall also include completed certification and representations located at FAR 52.212-3 (AUG 2009) and FAR 52.219-1 (OCT 2014) OR Offeror statement indicating that said certifications and representations are current and located in the SAM database which can be found at https://www.sam.gov.

(End of Provision)

Addenda FAR 52.212-2– Evaluation – Commercial Items (JUN 2020) The Government will award one (1) FP contract resulting from this solicitation to the Offeror which meets or exceeds the acceptability standards for the non-price factors, with the lowest evaluated price, which is deemed responsible in accordance with the Federal Acquisition Regulations (FAR), and which has submitted a quote conforming to the solicitation requirements. The requirements include all stated terms, conditions, completion of representations and certifications, and all other requirements of this solicitation.

The award decision process is being conducted under FAR Part 12, wherein the Contracting Officer is permitted to have substantive communications with individual contractors about their quotes without being subject to the policies and procedures of FAR Part 15, and without engaging in "discussions" or "negotiations" under FAR Part 15.

The Government reserves the right to evaluate quotes and may seek to make an award without asking for revised quotes or entering substantive communication. Accordingly, contractors are encouraged to provide their most realistic and competitive terms with their initial quotes. The Government reserves the right to make a final determination whether a quote is acceptable or unacceptable solely on the basis of the information submitted and proceed without requesting additional information.

The following non-price factors shall be used to evaluate quotes:

Factor 1: Technical Capability Factor 2: Past Performance Factor 1: Technical Capability

The Government intends to evaluate quotes in response to this solicitation and will award one firm-fixed price purchase order to the responsible offeror with the technically acceptable lowest price offer. The following criteria shall be used to establish technical acceptability:

The Offeror’s proposal will be evaluated, to determine if the Offeror’s proposed contractor personnel certifications demonstrate that they are certified to perform same day onsite refrigeration service.

The Government recommends submission of at least three (3) recent and relevant contracts, with a narrative synopsis that shall describe the Offeror’s background, knowledge and experience related to performing (i.e. performing maintenance of the refrigerated trailers). Of particular emphasis is the

Trailers Page 12 of 28 technical capability that was executed in accordance with the same or similar scope and magnitude that is described in Attachment 1-Statement of Work.

1. The Government will evaluate the Offeror’s Technical Capability to determine acceptability of the Offeror/proposal. Technical Capability will be evaluated on an acceptable/unacceptable basis.

2. To be technically acceptable, the Offeror shall provide the following information (including any descriptive literature) which demonstrates that the Offeror clearly and fully understands and meets the minimum technical requirements necessary to manufacture or deliver the requirements of this solicitation as described in Attachment 2-Schedule of Supplies/Services. The vendor shall provide proof that it is an authorized manufacturer and or distributor.

3. Failure to provide a complete, detailed, realistic, and reasonable proposal may reflect a lack of understanding of the requirements and may result in a determination that the Offeror’s proposal is unacceptable. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an Offeror’s proposal.

Factor 2: Past Performance

The Government will evaluate the offeror’s Past Performance to determine acceptability of the quote in response to this solicitation. Past Performance will be evaluated on an acceptable/unacceptable basis and shall not be rated. The offeror will be evaluated on their past performance record and any other relevant information obtained from available sources which may include: Supplier Performance Risk System (SPRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases.

To be considered technically acceptable:

• the offeror’s SPRS record must have fewer than three (3) negative delivery actions within the last three

(3) years;

• the offeror must have a minimum Supplier Risk Score color-coded as Green within the SPRS database;

• the offeror must not have an overall negative history (above 50%) of past performance results through any combination of information received from the available past performance databases.

Offerors who fail to meet the above thresholds shall be provided an opportunity to address negative Past Performance items if no previous opportunity was provided.

In the case of a supplier without a record of relevant past performance history in SPRS for the PSC of the supplies being purchased, the supplier will not be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

Factor 3: Pricing If a quote has been determined acceptable under each of the non-price factors listed above, the Government will then evaluate the quote for the lowest price. The proposed total price, the sum of the total amount for all CLINS, between offers that are determined to be technically acceptable will be the determining factor in the selection of a quote for award. All CLINs must be priced. Price analysis shall not be conducted on offerors determined to be unacceptable for award, since the offeror will not be inline for award as the lowest priced technically acceptable offeror.

The Government will perform a price analysis to determine the reasonableness of proposed price in accordance with FAR 15.404-1(b). The Government will utilize a comparison of proposed prices received in response to the solicitation.

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A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

The following provisions are incorporated in full text:

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)

FAR 52.216-1 -- Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Price type contract resulting from this solicitation.

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from DLA DISTRIBUTION, ATTN: JENNIFER D. FASTING, CONTRACTING OFFICER, ACQUISTION OPERATIONS (J7), 430 MIFFLIN AVE, SUITE

3102A, NEW CUMBERLAND, PA 17070-5008.

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

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those

Trailers Page 14 of 28 provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.ecfr.gov/cgi-bin/ECFR?page=browse Select Title 48 then Chapter 1.

DFARS: https://www.ecfr.gov/cgi-bin/ECFR?page=browse Select Title 48 then Chapter 2.

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

DLAD 5452.233-9001, Disputes – Agreement to Use Alternate Dispute Resolution (ADR)(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

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

FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-

25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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 eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

https://www.ecfr.gov/cgi-bin/ECFR?page=browse https://www.ecfr.gov/cgi-bin/ECFR?page=browse

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Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2)…