Request For Quote_24Q0026_FINAL.pdf

SP330024Q0026

Request For Quote

1. Issuing Office:

DLA Distribution Acquisition Operations (J7)

430 Mifflin Avenue, Suite 3102A

New Cumberland, PA 17070

2. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, Streamlined Procedures for

Evaluation and Solicitation for Commercial Products and Commercial Services, and in conjunction with FAR Subpart 13.5, Simplified Procedures for Certain

Commercial Items, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number for this request for quote (RFQ) is SP330024Q0026.

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

Acquisition Circular (FAC) 2024-01 effective 14 November 2023 and Defense

Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice

(DPN) 20231117 effective 17 November 2023 and Defense Logistics Acquisition

Directive (DLAD) Current to Revision 5 and PROCLTR 2024-01 effective 19

October 2023. The complete text of any of the clauses and provisions are accessible via the below locations:

• FAR - https://ecfr.federalregister.gov/current/title-48/chapter-1

• DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

• DLAD: https://www.dla.mil/Acquisition/Policy-and-Directives/

4. This RFQ is being issued to establish a firm-fixed-price (FFP) purchase order for the requirement to provide real property and assistance services support at DLA

Distribution Susquehanna, New Cumberland, Pennsylvania. The Government intends to award one 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.

5. This RFQ is being solicited as a 100% 8(a) set aside. The North American

Industry Classification System (NAICS) code for this acquisition is 541611 and has a corresponding size standard of $24,500,000.00 in annual revenue. The

Product Service Code (PSC) for this acquisition is R699.

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

6. This requirement is subject to the Service Contract Act Wage Determination No.

2015-4245 Revision No. 12 dated 12/21/2020 is provided as Attachment #2.

7. Period of Performance: Please refer to Attachment #1 – Statement of Work

(SOW) paragraph 1.2.1. Anticipated dates are as follows:

• Base Year: 1 March 2024 – 28 February 2025

• Option Year 1: 1 March 2025 – 28 February 2026

• Option Year 2: 1 March 2026 – 28 February 2027

• Option Year 3: 1 March 2027 – 29 February 2028

• Option Year 4: 1 March 2028 – 28 February 2029

8. Insurance: Reference FAR Clause 52.228-5, Insurance-Work on a Government

Installation, located in this solicitation. The minimum amount/kind of insurance is shown below:

• Workers’ Compensation and Employer’s Liability – $100,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers);

• General Liability – $500,000 per occurrence;

• Automobile Liability

i. Property Damage: $20,000 per occurrence;

ii. Bodily injury: $200,000 per person and $500,000 per occurrence;

• When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five

(5) days before each subcontractor commences work on the Government installation.

9. Illegal Items Not Authorized on Federal Installations: 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 Department of Defense (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.

10. Organizational Conflict of Interest: The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract.

This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any

Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. Th use of such information for personal gain is prohibited.

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

11. System for Award Management (SAM): A prospective awardee shall be registered in the 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 SAM database:

Company Name:

Company Address:

Telephone:

CAGE Code:

Point of Contact:

Email:

http://www.sam.gov/

Manufacturer:

12. Invoicing and Payment: Invoicing and Payment will be made via Wide Area

WorkFlow located in DoD’s Procurement Integrated Enterprise Environment

(PIEE). See DFARS 252.232-7006.

13. 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.

14. Questions: Questions regarding this RFQ shall be submitted by electronic mail to the Acquisition Specialist, Ross Gertz, via email at ross.gertz@dla.mil, with a subject line containing, “SP330024Q0026 Question.” All questions shall be received NO LATER THAN Friday, 2 February 2024 by 5pm EST.

15. The Government is not soliciting for the “same old way” of doing business. The

Government encourages quotes that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying process.

16. Schedule of Supplies or Services: Offerors shall complete All Tabs of the

Attachment #7 – Schedule of Supplies spreadsheet. The unit prices shall be carried out to two (2) decimal points. Offerors shall quote firm-fixed-price unit prices for contract line items. All unit prices should be quoted as FOB

Destination.

The following clauses are incorporated by reference:

ADDENDA TO 52.212-4 (CONTRACT TERMS AND CONDITIONS-COMMERCIAL

ITEMS) Nov 2023

FAR 52.202-1 Definitions

FAR 52.203-3 Gratuities

FAR 52.203-6

Restrictions on Subcontractor Sales to the Government— Alternate I mailto:ross.gertz@dla.mil

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 52.204-9 Personal Identity Verification of Contractor Personnel

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19

Incorporation by Reference of Representations and Certifications

FAR 52.204-21

Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities

FAR 52.209-10

Prohibition on Contracting with Inverted Domestic

Corporations

FAR 52.211-17 Delivery of Excess Quantities

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line item

FAR 52.223-5 Pollution prevention and Right-to-Know Information

FAR 52.223-6 Drug-Free Workplace

FAR 52.223-10 Waste Reduction Program

FAR 52.204-25

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

FAR 52.227-1 Authorization and Consent

FAR 52.228-5 Insurance-Work on a Government Installation

FAR 52.229-3 Federal, State, and Local Taxes

FAR 52.229-12

Tax on Certain Foreign Procurements—Notice and

Representation

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 52.233-4 Applicable Law for Breach of Contract Claim

FAR 52.239-1 Privacy or Security Safeguards

FAR 52.242-13 Bankruptcy

FAR 52.242-15 Stop Work Order

FAR 52.245-1 Government Property

FAR 52.245-9 Use and Charges

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 252.201-7000 Contracting Officer’s Representative

DFARS 252.203-7000

Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.203-7003 Agency Office of the Inspector General

DFARS 252.204-7000 Disclosure of Information

DFARS 252.204-7003 Control of Government Personnel Work Product

DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors

DFARS 252.204-7006 Billing Instructions

DFARS 252.204-7012

Safeguarding Covered Defense Information and Cyber

Incident Reporting

DFARS 252.204-7014

Limitations on the Use or Disclosure of Information by

Litigation Support Contractors

DFARS 252.204-7015

Notice of Authorized Disclosure of Information for Litigation

Support

DFARS 252.204-7018

Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

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 252.211-7007 Reporting of Government-Furnished Property

DFARS 252.223-7006

Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials

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 (Deviation 2020-O0019)

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 252.227-7015 Technical Data--Commercial Items

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:

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Products and Commercial Services (Dec 2023)

(incorporated by reference and in paragraph (b) and (c) the following clauses apply)

a) The Contractor shall comply with the FAR clauses in this paragraph (b) the Contract Officers has indicated as being incorporated into this contract by reference to implement provisions of law or Executive Orders applicable to the acquisitions of commercial products and commercial services:

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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.)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

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

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

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

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

52.219-28 Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2))

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

52.222-19 Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

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

52.222-35 Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212)

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

793).

52.222-37 Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)

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

52.222-50 Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513)

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

b) 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 products and commercial services:

52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67)

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)

52.222-55 Minimum Wages Under Executive Order 13658 (Nov 2020)

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

(End of Clause)

FAR 52.217-9, Option To Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within 30 days of the end of the period of performance; provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

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

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

FAR 52.219-14, Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-19#FAR_19_504 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-8#FAR_8_405_5 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_8 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_13 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_14 https://www.acquisition.gov/far/part-19#FAR_Subpart_19_15 https://www.acquisition.gov/far/part-19#FAR_19_504

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.

When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

X By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture.

Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(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://ecfr.federalregister.gov/current/title-48/chapter-1

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

DLAD: https://www.dla.mil/Acquisition/Policy-and-Directives/

(End of Clause)

DFARS 252.219-7009, Section 8(a) Direct Award (Oct 2018)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business

Administration (SBA) and the Department of Defense. Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

https://ecfr.federalregister.gov/current/title-48/chapter-1

[To be completed by the Contracting Officer at the time of award]

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract;

provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.

(c) The 8(a) Contractor agrees that it will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA’s 8(a) regulations at 13 CFR 124.515), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with section 407 of Public

Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(End of clause)

DFARS 252.219-7010, Notification of Competition Limited to Eligible 8(a) Participants – Partnership Agreement (Oct 2019)

(a) Offers are solicited only from small business concerns expressly certified by the

Small Business Administration (SBA) for participation in SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer:

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan.

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA.

(3) If the competition is to be limited to 8(a) concerns within one or more specific

SBA regions or districts, then the offeror’s approved business plan is on the file and serviced by ____________________________. [Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by SBA.]

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Unless SBA has waived the requirements of paragraphs (d)(1)(i) through (iii) and (d)(2) of this clause in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; for kit assemblers, see paragraph (d)(2) of this clause instead;

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

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

(2) When the end item being acquired is a kit of supplies, at least 50 percent of the total cost of the components of the kit shall be manufactured, processed, or produced by small businesses in the United States or its outlying areas.

(3) The requirements of paragraphs (d)(1)(i) through (iii) and (d)(2) of this clause do not apply to construction or service contracts.

(e) The ___________________ [insert name of SBA's contractor] will notify the

__________________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

DFARS 252.219-7011, Notification to Delay Performance (Jun 1998)

The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt. Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8(a) award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order. If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.

(End of clause)

DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions (Dec 2018)

(a) Definitions. As used in this clause—

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

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense

Federal Acquisition Regulation Supplement (DFARS) 252.232 7003, Electronic

Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for 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.

____________2 in 1

Invoice________________________________________________

(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 N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) SB3300

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 or “See schedule” if multiple ship to/acceptance locations apply, 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.

_N/A_____________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

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)

C05 Changes to Key Personnel (OCT 2016)

Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business quote for evaluation. The contractor shall use key personnel as identified in its quote during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government.

(End of Procurement note)

Attachments:

Attachment #1 – Statement of Work (SOW)

Attachment #2 – Service Contract Act Wage Determination No. 2015-4245 Revision No.

22 dated 30 June 2023

Attachment #3 – Systems Access

Attachment #4 – Point of Contact (POC) Listing

Attachment #5 – Contract Oversight Surveillance Report (COSR)

Attachment #6 – DLA Distribution Corrective Action Plan (CAP)

Attachment #7 – Schedule of Supplies

Solicitation Provisions Incorporated by Reference:

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

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

FAR 52.204-7 System for Award Management

FAR 52.204-16 Commercial and Government Entity Code Reporting

FAR 52.204-17 Ownership or Control of Offeror

FAR 52.204-20 Predecessor of Offeror

FAR 52.204-26 Covered Telecommunications Equipment or Services— Representation

FAR 52.209-2 Prohibition on contracting with inverted domestic corporations—representation

FAR 52.209-5 Certification Regarding Responsibility Matters

FAR 52.219-1 Small Business Program Representations

FAR 52.222-22 Previous contracts and compliance reports

FAR 52.222-25 Affirmative action compliance

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation

FAR 52.225-18 Place of Manufacture

FAR 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications

FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and

Representation

DFARS 252.203-7005 Representation relating to compensation of former DOD officials

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications

DFARS 252.204-7008 Compliance with safeguarding covered defense information controls

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

DFARS 252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements

DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

DFARS 252.225-7974 Representation Regarding persons that have Business Operations with the Maduro Regime

DFARS 252.247-7022 Representation of Extent of Transportation by Sea

Solicitation Provisions Incorporated by Full Text:

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial

Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the

Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph

(d)(2) of this section.

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

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered

(include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the

Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered

(include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange

Commission Administrative Proceedings, Civilian Board of Contract Appeals

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal

Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the

System for Award Management, which can be accessed via https://www.sam.gov (see

52.204-7).

(End of provision)

FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Convict ion Under Any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

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

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

Government.

(b) The Offeror represents that—

(1)…