CSS SP3300-24-Q-0016.pdf

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

JANUARY 10, 2024

Action Code: Combined Synopsis / Solicitation

Issuing Office:

DLA Distribution Acquisition Operations J7 5430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

Product Service Code (PSC): R616 – Support-Administrative: Physical Records Management Services

Subject: Secure Document Shredding Services

Solicitation: SP3300-24-Q-0016

Questions: Closing Date: Wednesday, January 17, 2024 1:00 pm EST – Any questions received after the response date may not be answered by the Government.

Quotations: Closing Response Date: Wednesday, January 24, 2024 3:30 pm EST – Failure to submit your response by this date and time may result in non-consideration of your quote.

Point of Contact:

Ms. Anthea Gladkowski Anthea.Gladkowski@dla.mil 717-770-4322

Contracting Officer:

Mr. Christopher Robinson christopher.robinson@dla.mil 717-770-7285

Description: This is a combined synopsis/solicitation for commercial services 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 Part 13 – Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being issued as a Request for Quote (RFQ) under solicitation SP3300-24-Q-0016

This notice incorporates the provisions and clauses in effect under:

REGULATION IDENTIFICATION ISSUE DATE

Federal Acquisition Circular (FAC) 2024-01 14 NOV 2023 Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)

20231117 17 NOV 2023

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

2024-01 19 OCT 2023

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

FAR - https://www.ecfr.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

This Request for Quotation (RFQ) is being issued to establish a Firm-Fixed Price (FFP) contract for Secure Document Shredding Services for DLA Distribution Anniston AL (DDAA). The Government intends to award one

(1) contract as a result of this RFQ which will be issued on a Standard Form (SF) 1449. Vendors must quote all CLINs on the Schedule of Supplies to be eligible for award.

This combined synopsis solicitation is being solicited as Unrestricted under NAICS 561990 (All other Support Services) with a size standard of $16,500,000.00. The Product Service Code (PSC) is R616 (Support Administrative:

Physical Records Management Services).

This acquisition is not a Defense Priorities and Allocations Systems (DPAS) rated procurement.

The Contractor shall provide all labor, equipment (to include lockable bins/containers capable of holding up to 300 pounds each), materials, supervision, transportation, and other items/services necessary for the collection, on-site shredding/destruction and off-site disposal of Government generated and acquired controlled unclassified information for DLA activities located at DLA Distribution Anniston, AL.

The services shall be performed in accordance with the Statement of Work (SOW) as provided in Attachment 1.

Place of Performance:

SB3540

DLA Distribution Anniston 7 Frankford Ave Bldg 362 Anniston, AL 36201-4199

Period of Performance: This requirement consists of a Base year and four (4) one-year Options.

Base Year: 1 March 2024 through 28 February 2025 Option Year 1: 1 March 2025 through 28 February 2026 Option Year 2: 1 March 2026 through 28 February 2027 Option Year 3: 1 March 2027 through 29 February 2028 Option Year 4: 1 March 2028 through 28 February 2029

Service Contract Act Wage Determination No. 2015-4245 Revision No. 23 dated 12/26/2023 will apply to any services performed at DLA Distribution Susquehanna, PA and is provided as Attachment 2 to this solicitation.

Attachments applicable to this RFQ:

Attachment 1 – Statement of Work Attachment 2 – Wage Determination No. 2015-4245 Revision 23 dated 12/26/2023

SCHEDULE OF SUPPLIES/SERVICES

Notes: Prices must be rounded to two (2) decimal places (i.e. $25.03). Prices must be submitted for the Base Year and Option Years One through Four or the quotation will be rejected.

CLIN Description Quantity U/I Unit Price Extended Total Price

Monthly Shredding Services –in accordance with Attachment 1 – Statement of Work

Base Period

MO

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

Option Year 1

Option Year 2

Option Year 3

Option Year 4

TOTAL CLINs

Mark Contract Number on all Correspondence: Contractor must mark the contract or purchase order number on all paperwork. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

Invoicing and Payment: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.

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.

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 online at 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:

Cage code:

UEI:

Point of Contact:

Email:

SOLICITATION PROVISIONS and CLAUSES

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.216-31 T&M/LH Proposal Requirements-Commercial Acquisition (NOV 2021) FAR 52.217-5 Evaluation of Options (JUL 1990) DFARS 252.203-7005 Representation relating to compensation of former DOD officials (SEP 2022) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC

2019) DFARS 252.204-7017 Prohibition on Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation (MAY 2021) DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 2022) DFARS 252.204-7024 Notice on the use of the Supplier Performance Risk System (MAR 2023) DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate—Basic (NOV 2014)

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

(a) Definitions. As used in this provision--Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision) https://www.sam.gov/

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single Firm-Fixed Price (FFP) contract as a result of this solicitation.

(End of Provision)

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

ACQUISTION OPERATIONS (J7)

ATTN: CHRISTOPHER ROBINSON

CONTRACTING OFFICER

5430 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.

DLAD Procurement Note L06 Agency Protests (DEC 2016) Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

(End of Procurement Note)

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 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/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

DLAD 5452.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR) (JUN 2020)

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

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

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

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

(End of Provision) https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) The provision at 52.212-1 and the following addenda are applicable to this acquisition.

FAR 52.212-1 Addenda In addition to the information in Paragraph (b), Submission of offers, the following is added:

(1)

a. Quotes shall be prepared in the English language.

b. Quotes must have the following Controlled Unclassified Information (CUI) marking incorporated on the appropriate pages in their quote submission:

i. Header on all pages:

- “CUI”

ii. 1st page, bottom right corner (above footer text)

- Controlled by: (This is the Vendor’s Company Name)

- CUI Category: PROCURE

- Distribution/Dissemination Controls: FEDCON

- POC: (Name and email address of person who prepared quote)

EXAMPLE:

Controlled by: XYZ Company

CUI Category: PROCURE Distribution/Dissemination Controls: FEDCON

POC: Sally Smith, sally.smith@xyz.com

iii. Footer (at very bottom) on all pages:

- “CUI”

c. Quotes shall be submitted in two separate files (electronically) and must include all required documentation/information as listed below and in accordance with CUI information in Paragraph 1(b).

Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

Price Quote:

Quotes may be submitted in contractor format and shall include:

1. Signed and dated cover letter with the following information, solicitation number, company name, address, telephone number, and e-mail address, and contractor Commercial and Government Entity (CAGE) Code and Unique Entity Identification (UEI).

2. Completed Schedule of Supplies/Services for the Base Year and four (4) Option Years.

3. Completed Representations and Certifications located at FAR 52.212-3 or Offeror statement indicating that said Representations and Certifications are current and located in the System for Award Management (SAM) database.

4. Signed Amendment of Solicitation of Contract for all amendments (applicable only if any amendments are issued against this solicitation).

Technical The Offeror shall submit a detailed description of its technical approach and capability that demonstrates:

a) its qualifications; b) its understanding of the specific tasks contained in the SOW to include the size of lockable bin/container to be used, and; c) its ability to perform the specific tasks required for secured document shredding services.

Past Performance Past performance information is used in determining the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, recent and relevant contracts. To be compliant with this factor the Offeror shall provide the following:

1. A narrative synopsis that shall describe the Offeror’s background, knowledge, and experience related to performing secured document shredding services.

2. The Offeror must demonstrate, through past performance, an ability to perform the work described in the solicitation. The Government recommends submission of at least three (3) recent and relevant contracts but will evaluate any and all submitted contractor past performance information which mailto:sally.smith@xyz.com demonstrates they have successfully executed contracts of similar scope and magnitude within the past five (5) years. References will be evaluated in the aggregate to allow Offerors who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered relevant if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above. Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the contract occurred. Recent contracts are defined as any contract under which any performance, delivery, or corrective action has occurred within the following time standards: five (5) years prior to this RFQ issuance date, regardless of the award date.

The Government shall only consider relevant past performance data. To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of scope, complexity, technology, magnitude of effort, and schedule. Offerors shall provide the information for EACH recent and relevant contract it submits for itself or its subcontractor. Past performance information shall include the following:

a. Contractor Name

b. Name of customer/agency

c. Contract/Purchase Order Number

d. Customer Point of Contact (provide name, phone number, and email address)

e. Length of contract/period of performance (dates)

f. Dollar amount of contract (initial price and final price)

g. Description of service performed

h. Narrative synopsis that describes the specific nature of the work; similarities with the proposed work;

and the relevant experience gained

The Government recommends that Offerors and subcontractors limit references to those involving its performance as a prime or first tier subcontractor only. If the work was performed as a subcontractor, provide the name of the prime contractor.

d. Quotes shall include all required documentation as listed in (c) above. Submission of a quote that does not contain all items requested may result in elimination from consideration for award. Instructions contained herein are to serve as a guide in preparation of quotes; however, they are not intended to be all inclusive.

The instructions generally describe the type and extent of information, which should be provided in the quote.

e. Quotes must be submitted electronically via email to: anthea.gladkowski@dla.mil Subject: SP3300-24-Q- 0016 Quotation – “Offeror’s Company Name”

f. Facsimile and hard copy quote submissions will not be accepted or evaluated.

(2) Paragraph (c) of 52.212-1 is tailored to read as follows: (c) Period of acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of quotes.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award one (1) Firm-Fixed Price (FFP) contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) price; (ii) technical capability; (iii) past performance.

The award decision process is being conducted under FAR Part 12 and FAR Part 13, wherein the Contracting Officer is permitted to have substantive communications with individual contractors about their quotes without being subjected to the policies and procedures of FAR Part 15, and without engaging in “discussions” or “negotiations” under FAR Part 15.

mailto:anthea.gladkowski@dla.mil

Quotes shall be evaluated for acceptability or unacceptability only and shall not be rated. Award will be based on the overall lowest evaluated price of the quotes meeting or exceeding the acceptability standards for the non-price factors, Technical and Past Performance. Any Offeror who has submitted a technically acceptable quote and who has been found to have an acceptable past performance will then have the quote evaluated for lowest price.

To be considered acceptable and eligible for award, an Offeror must address separately all the factors set forth in accordance with the instructions of this solicitation. A major item and/or gross omission which precludes meeting solicitation objectives that cannot be corrected prior to or during communciations without major revision or complete resubmission of the quote will cause a quote to be found technically unacceptable.

The Government intends to make an award based on the initial quotes received; therefore, the initial offer shall contain the Offeror’s best terms from a price and technical standpoint. Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award. As part of this evaluation, the Government reserves the right to review any sources or people the Government determines reliable including those sources which relate to past performance.

The following non-price factors shall be used to determine acceptability of a quote:

Technical Capability The Offeror’s Technical submission will be rated on an Acceptable/Unacceptable basis.

Acceptable: Offeror’s Technical submission meets the requirements of the solicitation.

Unacceptable: Offeror’s Technical submission does not meet the requirements of the solicitation.

To be determined acceptable, the Offeror must:

(a) meet the service requirements specified in the solicitation and Statement of Work (Attachment 1);

(b) Provide descriptive information as to the services provided, such as a brochure, capability statement, or other descriptive information;

(c) Provide documentation of the ability to secure and shred all material in accordance with the National

Association of Information Destriction (NAID) and the guidelines set forth in the Statement of Work (Attachment 1).

Government personnel will evaluate the Offeror’s submission to determine whether the Offeror has submitted a detailed description of their technical approach and capability that demonstrates: a) its qualifications; b) its understanding of the specific tasks contained in the SOW; c) its ability to perform the specific tasks required for secured document shredding services.

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

Past Performance Past Performance is the Offeror’s record of conforming to the solicitation specifications and to standards of good workmanship; the Offeror’s adherence to contract schedules, including the administrative aspects of performance; the Offeror’s reputation for record of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror’s business-like concern for the interest of the customer.

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 the past performance record and any other relevant information obtained from available sources which may include: Supplier Performance Risk System (SPRS), the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, or other databases.

In the case of the 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 https://www.cpars.gov/ performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

The Government is not obligated to interview all points of contact identified by Offerors nor is the Government limited to the points of contact provided.

The Government will rate the Offeror’s Past Performance as follows:

Acceptable: Based on the Offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable: Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the offeror will successfully perform the required effort.

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 Contract Line Items (CLINs) (if multiple 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.

The Government will perform a price analysis to determine the reasonablenss of proposed price in accordance with FAR 13.106-3(a). The Government will use a comparison of proposed total prices received in respone to the solicitation. Price analysis shall not be conducted on Offerors determined to be unacceptable for award.

Although the Government may award a contract as a result of this solicitation, the Government reserves the right to reject any and all quotes received and not award any item from this solicitation.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement to determine the lowest evaluated price, technically acceptable quote. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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 negoations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

DLA Procurement L08 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations

(JUN 2020)

(1) The Government will use the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) (formerly Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)) and may use other performance history to evaluate suppliers’ past performance. (2) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies the Government is purchasing. (3) The contracting officer will use the quality and delivery classifications identified for a supplier in SPRS to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested). The Government will use this past performance information in accordance with the basis for award stated in the solicitation. (4) SPRS generates classifications daily for each contractor. The SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf) and the SPRS Government User Guide (https://www.sprs.csd.disa.mil/pdf/SPRS_Government.pdf) provide instructions for accessing SPRS classifications.

Contractors have access to SPRS for their own classifications only. Suppliers are encouraged to review their own classifications; the SPRS reporting procedures and classification methodology detailed in the SPRS Software User's Guide for Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf); and the SPRS Evaluation Criteria (https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf). The SPRS Software User's Guide for

Awardees/Contractors (https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf) provides the method to challenge a rating generated by SPRS.

(End of Procurement Note)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services

(SEP 2023)

Offerors must complete Representations and Certifications at 52.212-3 in the System for Award Management prior to submission or provide a completed copy with quote submission.

Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:

(11) (Complete if the Offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

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

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

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

Individual/concern, other than one of the preceding.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022)

The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.

FAR 52.212-4 Addenda

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023) FAR 52.211-17 Delivery of Excess Quantities (SEP 1989) FAR 52.222-25 Affirmative Action Compliance (APR 1984) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.223-10 Waste Reduction Program (MAY 2011) FAR 52.227-1 Authorization and Consent (JUN 2020) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-11 Extras (APR 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.233-1 Disputes (MAY 2014) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.243-3 Changes—Time-and-Materials or Labor-Hours (SEP 2000) FAR 52.246-6 Inspection—Time-and-Materials or Labor-Hour (MAY 2001) FAR 52.247-34 F.o.b. Destination (NOV 1991) FAR 52.253-1 Computer Generated Forms (JAN 1991) DFARS 252.201-7000 Contracting Officers Representative (DEC 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022) DFARS 252.204-7000 Disclosure of Information (OCT 2016) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) https://www.acquisition.gov/far/part-12#FAR_12_301

DFARS 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (JAN 2023) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information (JAN 2023) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 2023) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services (JAN 2021) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (JAN 2023) DFARS 252.211-7003 Item Unique Identification and Valuation (JAN 2023) DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials –

Basic (SEP 2014) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023) DFARS 252.225-7001 Buy American and Balance of Payments Program—Basic (JAN 2023) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022) DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) DFARS 252.225-7048 Export Controlled Items (JUN 2013) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991) DFARS 252.244-7000 Subcontracts for Commercial Items (JAN 2023) DFARS 252.247-7023 Transportation of Supplies by Sea—Basic (JAN 2023)

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Products and Commercial Services (SEP 2023)

(a) The Contractor shall comply with the 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 products and commercial services:

FAR (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, 205 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

FAR (2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

FAR (3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub.L. 115-232).

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

FAR (5) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

FAR (6) 52.233-3 Protest After Award (Aug 1996) (31 U.S.C. 3553).

FAR (7) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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:

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

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

FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (31 U.S.C. 6101 note).

FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644)

FAR 52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Sep 2021) (15 U.S.C.

637s)

FAR 52.219-28 Post Award Small Business Program Representation (Sep 2023) (15 U.S.C. 632(a)(2)) FAR 52.222-3 Convict Labor (Jun 2003) (E.O. 11755).

FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

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

FAR (i)52.222-35 Equal Opportunity for Veterans (June 2020) (38 U.S.C. 4212) FAR (i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

FAR 52.222-37 Employment Reports on Veterans (June 2020) (38 U.S.C. 4212) FAR (i)52.222-50 Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O.

13513).

FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

(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:

FAR 52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67) FAR 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)

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (E.O. 13658)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706)

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 90 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

FAR 52.252-2 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 DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Clause)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020) https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS 252.223-7009 Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting Agent for Use on Military Installation (OCT 2023)

(a) Definitions. As used in this clause, “perfluoroalkyl substances” and “polyfluoroalkyl substances” have the meanings given in section 322(f) of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92).

(b) Prohibition. The Contractor shall not provide or use under this contract any aqueous film-forming foam fire-fighting agent that contains perfluoroalkyl substances or polyfluoroalkyl substances in excess of one part per billion.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial products and commercial services, relating to fire-fighting on a military installation.

(End of clause)

DFARS 252.225-7013 Duty-Free Entry (DEC 2022)

(a) Definitions.As used in this clause— “Component,” means any item supplied to the Government as part of an end product or of another component.

“Customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico.

“Eligible product” means—

(1) “Designated country end product,” as defined in the Trade Agreements (either basic or alternate) clause of this contract;

(2) “Free Trade Agreement country end product,” other than a “Bahrainian end product,” a “Moroccan end product,” a Panamanian end product,” or a “Peruvian end product,” as defined in the Buy American—Free Trade Agreements—Balance of Payments Program (either basic or alternate II) clause of this contract, basic or its Alternate II; or

(3) “Free Trade Agreement country end product” other than a “Bahrainian end product,” “Korean end product,” “Moroccan end product,” “Panamanian end product,” or “Peruvian end product,” as defined in of the Buy American—Free Trade Agreements—Balance of Payments Program (either alternate IV or alternate V) clause of this contract.

“Qualifying country” and “qualifying country end product” have the meanings given in the Trade Agreements clause, the Buy American and Balance of Payments Program clause, or the Buy American—Free Trade Agreements—Balance of Payments Program clause of this contract, basic or alternate.

(b) Except as provided in paragraph (i) of this clause, or unless supplies were imported into the customs territory of the United States before the date of this contract or the applicable subcontract, the price of this contract shall not include any amount for duty on—

(1) End items that are eligible products or qualifying country end products;

(2) Components (including, without limitation, raw materials and intermediate assemblies) produced or made in qualifying countries, that are to be incorporated in U.S.- made end products to be delivered under this contract; or

(3) Other supplies for which the Contractor estimates that duty will exceed $300 per shipment into the customs territory of the United States.

(c) The Contractor shall—

(1) Claim duty-free entry only for supplies that the Contractor intends to deliver to the Government under this contract, either as end items or components of end items; and

(2) Pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use, other than—

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer.

(d) Except as the Contractor may otherwise agree, the Government will execute duty-free entry certificates and will afford such assistance as appropriate to obtain the duty-free entry of supplies—

(1) For which no duty is included in the contract price in accordance with paragraph (b) of this clause; and

(2) For which shipping documents bear the notation specified in paragraph (e) of this clause.

(e) For foreign supplies for which the Government will issue duty-free entry certificates in accordance with this clause, shipping documents submitted to Customs shall—

(1) Consign the shipments to the appropriate—

(i) Military department in care of the Contractor, including the Contractor's delivery address; or

(ii) Military installation; and

(2) Include the following information:

(i) Prime contract number and, if applicable, delivery order number.

(ii) Number of the subcontract for foreign supplies, if applicable.

(iii) Identification of the carrier.

(iv)(A) For direct shipments to a U.S. military installation, the notation: “UNITED STATES

GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free Entry to be claimed pursuant to Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the United States. Upon arrival of shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19 CFR Part 142 and notify Commander, Defense Contract Management Agency (DCMA), St. Louis, MO, ATTN: Duty Free Entry Team, 1222 Spruce Street, Room 9.300, St. Louis, MO 63103-2812, for execution of Customs Form 7501, 7501A, or 7506 and any required duty-free entry certificates.”

(B) If the shipment will be consigned to other than a military installation, e.g., a domestic contractor's plant, the shipping document notation shall be altered to include the name and address of the contractor, agent, or broker who will notify Commander, DCMA New York, for execution of the duty-free entry certificate. (If the shipment will be consigned to a contractor’s plant and no duty-free entry certificate is required due to a trade agreement, the Contractor shall claim duty-free entry under the applicable trade agreement and shall comply with the U.S. Customs Service requirements. No notification to Commander, DCMA New York, is required.)

(v) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross shipping weight).

(vi) Estimated value in U.S. dollars.

(vii) Activity address number of the contract administration office administering the prime contract, e.g., for DCMA Dayton, S3605A.

(f)…