C-6_Solicitation.pdf

SP330020Q5006

Packing List Envelopes

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 the

Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Subpart 13.5 Simplified Procedures for Certain Commercial

Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

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

REGULATION IDENTIFICATION EFFECTIVE DATE

Federal Acquisition Circular (FAC) 2020-04 15 January 2020

Defense Federal Acquisition Regulation

Supplement (DFARS) DFARS Publication Notice

(DPN)

20191231 31 December 2019

Defense Logistics Acquisition Directive (DLAD)

Current to Revision 5 through PROCLTR 2019-19 14 October 2019

The complete text of any of the clauses and provisions are available at the following websites:

FAR - https://www.acquisition.gov/browsefar

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current

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

4. This Request for Quotation (RFQ) is being issued to establish a Fixed Price (FP) Indefinite Delivery

Requirements Contract, with Firm Fixed Price (FFP) delivery orders, for the following item:

Packing list envelopes with delivery to multiple destinations. Please see Schedule for further details.

5. The Government intends to award one (1) contract as a result of this RFQ and will be issued on a Standard

Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

6. This RFQ is being solicited as a 100% set-aside for small business concerns. The North American Industry

Classification System (NAICS) code for this project is 326111 and the size standard is 750 employees. The

Product or Service Code (PSC) for this acquisition is 8105.

7. This solicitation is being issued as a small business set-aside, which means any concern proposing to furnish a product that it did not itself manufacture must furnish the product of a small business manufacturer. Reference clause FAR 52.219-6 Notice of Total Small Business Set-Aside.

8. ORDERING PERIOD: The ordering period for this contract will be the date of contract award through one (1) year with two (2) one (1) year option periods. The Government reserves the rights to exercise the option year(s) in accordance with FAR 52.217-9 – Option to Extend the Term of the Contract.

9. MANUFACTURE: Manufacture of packing list envelopes will conform to Environmental Protection Agency guidance for prescribed Postconsumer and Total Recovered Materials Content. See ‘Consolidated Recovered

Materials Advisory Notice (RMAN) for the Comprehensive Procurement Guideline (CPG), 2001, p. 60’. The

EPA RMAN is available from the RCRA Hotline at 1-800-424-9346 and electronically via EPA’s Public

Access Server at http://www.epa.gov/fedrgstr/search.htm.

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

Preference Program: EPA recommends that, based on the recovered materials content levels shown in the table below, procuring agencies establish minimum content standards for use in purchasing plastic envelopes.

Recommended Recovered

Materials Content Levels for

Plastic Envelopes Material

Postconsumer Content (%) Total Recovered Materials

Content (%)

Plastic 25 25-35

10. ECONOMIC PRICE ADJUSTMENT (EPA): Established prices for the commodities used in plastic resin can be found in the Monthly Petrochemical and Plastics Analysis (MPA) Report (Published by Chemical Data at www.chemicaldata.com). The product covered by the report is Linear Low Density Polyethylene (LLDPE).

See EPA clause for additional information.

11. ESTIMATED QUANTITIES: The quantities shown in the Schedule of Supplies are estimated only. They represent the Government’s best-known estimate for each line item. Payment will only be for the actual quantities provided to the Government at the price specified. If the Government requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.

12. VARIATION IN QUANTITY (VIQ): VIQ is authorized for this requirement. See VIQ clause on page 7 for additional information.

13. DELIVERY ORDERS: This contract is only for use by DLA Distribution. All delivery orders will be issued via email by any DLA Distribution contracting officer or ordering officer. Delivery orders will be issued on a FFP basis.

14. DELIVERY INFORMATION: Government requires the supplies to be delivered at a maximum of 21 days after receipt of order (ARO). Early delivery is authorized and encouraged. Please see FAR 52.211-9 Desired and Required Delivery for further details.

Items awarded on the delivery orders will be shipped to destinations in Zones 1 and 2. The destination address will be provided in the individual delivery orders placed against this contract. F.O.B. Destination prices shall include delivery to Zones 1 and 2, including delivery to the continental United States (CONUS) Consolidation and Containerization Points (CCP) within the respective zones if the ultimate destination is OCONUS or overseas. Please see Attachment 3 - OCONUS Shipping Instructions for further information. Destination within the zones includes, but is not restricted to, CONUS Defense Logistics Agency (DLA) Distribution sites.

Contractors may not propose alternate zones. The zones are defined in Attachment 2 - Zone Delivery

Locations.

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

16. PACKING AND MARKING REQUIREMENTS: All products shall be packaged best commercial practice in accordance with American Society for Testing and Materials (ASTM) 3951, marked in accordance with Military-Standard (MIL-STD)-129P. 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 http://www.chemicaldata.com/ 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.

17. 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 http://www.sam.gov.

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:

CAGE code:

Point of Contact:

Email:

Manufacturer:

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

Clause 252.232-7006.

19. 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.

20. 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/Palletization.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.

21. Questions regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, Nicholas

Giustra, via email at nicholas.giustra@dla.mil, Subject: SP330020Q5006 RFQ Question. Question(s) must be received by 10:00 AM EST on 27 MAR 2020. Answers to questions will be posted to the beta.SAM.gov website via an amendment to the solicitation.

22. 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 http://www.sam.gov/ 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 mailto:nicholas.giustra@dla.mil working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices.

Therefore, your assistance is requested in reducing prices and improving our buying process.

ATTACHMENTS

Attachment 01: Schedule of Supplies

Attachment 02: Zone Delivery Locations

Attachment 03: OCONUS Shipping Instructions

SCHEDULE OF SUPPLIES

See Attachment 01: Schedule of Supplies.

Offerors shall quote Fixed Unit Prices for all line items shown on CLIN 0001 through CLIN 0002; 1001 through

1002; 2001 through 2002. All unit prices shall be quoted as FOB DESTINATION pricing. Zone pricing is included in the Schedule of Supplies/CLINs.

CONTRACTORS SHALL IDENTIFY THE SMALL BUSINESS MANUFACTURER(S) FOR THE

PRODUCTS PROPOSED ON ALL CLINS:

CONTRACT CLAUSES

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

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

FAR 52.202-1 Definitions

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 52.211-17 Delivery of Excess Quantities

FAR 52.229-3 Federal, State, and Local Taxes

FAR 52.232-1 Payments

FAR 52.232-8 Discounts for Prompt Payment

FAR 52.232-11 Extras

FAR 52.232-17 Interest

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 52.233-1 Disputes

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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

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 252.225-7021 Trade Agreements

DFARS 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program

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

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.211-9 Desired and Required Delivery (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE – All items within 14 days.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE – All items with 21 days.

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE: All items with _____ days after date of contract award.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The

Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

52.211-16 Variation in Quantity (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease

This increase or decrease shall apply to the total quantity of each item without regard to destination.

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial

Items (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232)

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402)

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)

(3) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) Reserved

(6) 52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct

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

(10) Reserved

(11) (i) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a)

(ii) Alternate 1 (Nov 2011) of 52.219-3

(12) (i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

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

(ii) Alternate I (Jan 2011) of 52.219-4

(13) Reserved

X (14) (i) 52.219-6 Notice Of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7 Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8 Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9 Small Business Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9

(iii) Alternate II (Nov 2016) of 52.219-9

(iv) Alternate III (Nov 2016) of 52.219-9

(v) Alternate IV (Aug 2018) of 52.219-9.

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

X (19) 52.219-14 Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14))

(20) 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

X (22) 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015)

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

(25) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O.

13126).

X (27) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35 Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37 Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X (33) (i) 52.222-50 Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627

(34) 52.222-54 Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223-13 Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) 52.223-14 Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16 Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

(43) 52.223-20 Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21 Foams (Jun 2016) (E.O. 13696).

(45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(46) 52.225-1 Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5 Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(49) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

(53) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

(54) 52.232-30 Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(55) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)

(31 U.S.C. 3332).

(56) 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(60) (i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17 Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

(2) 52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

(3) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

(4) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

(5) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

2014) (41 U.S.C. chapter 67).

(7) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

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

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

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

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.216-2 Economic Price Adjustment—Standard Supplies (JAN 1997)

(a) The Contractor warrants that the unit pricing stated in the Schedule of Supplies 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 paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the

Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 MX (thousand), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 1,125 MX (thousand);

(2) Any order for a combination of items in excess of 4,499 MX (thousand); 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 ten (10) 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 ____21 OCT 2023____ [insert date].

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 thirty (30) days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty

(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.

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.acquisition.gov/browsefar

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current

DFARS 252.216-7006 Ordering (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of contract award through one (1) year with two (2) option years (or three (3) years in total if both option years are exercised) following date of contract award.

(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— https://www.acquisition.gov/browsefar

“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 Only_(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._____N/A______(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 TBD

Ship To Code TBD

Ship From Code TBD http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Mark For Code TBD

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert

“See Schedule” or “Not applicable.”**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under

FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal

Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

Appendix F.

(g) WAWF point of contact.

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

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

PROCUREMENT NOTES

C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete

Materials or Components (DEC 2016)

The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete materials or components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written authorization of the contracting officer. In the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required to notify the contracting officer and publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible; and to provide immediate advance notice of production phase-out to DLA DMSMS at dscc.dmsms@dla.mil.

(End of Procurement Note)

C03 Contractor Retention of Supply Chain Traceability Documentation (SEP 2016)

(1) By submitting a quotation or offer, the contractor agrees that, when the contractor is not the manufacturer of the item, it is confirming that it currently has or will obtain before delivery and shall retain documented evidence (supply chain traceability documentation) that the item is from the approved manufacturer and conforms to the technical requirements. The retention period is five years after final payment under this contract.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and

Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, where available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

(3) Examples of acceptable supply chain traceability documentation can be found at:

http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/

(4) The contractor shall immediately make available documentation upon request of the contracting officer. The contracting officer determines the acceptability and sufficiency of documentation. If the contractor fails to retain or mailto:dscc.dmsms@dla.mil provide the documentation or the contracting officer finds the documentation to be unacceptable, corrective action may be taken including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

C07 Warstopper Program Material Buffer Availability (MAY 2017)

(1) The Warstopper program material buffer (Buffer) was…