SP3300-24-Q-0043 Amendment 0003.docx
DOCX document 385 KB Posted
- Solicitation number
- SP3300-24-Q-0043
- Issued by
-
Defense Logistics Agency Distribution
About this file
This combined synopsis and solicitation requests quotes for elevator maintenance services at the Defense Logistics Agency Distribution site in Susquehanna, Pennsylvania. Quotes are due by February 9, 2024 for a firm-fixed price contract with a one-year base period from March 20, 2024 to March 19, 2025. The solicitation includes four contract line items for monthly preventative maintenance, corrective maintenance labor, replacement parts, and optional preventative maintenance for platform lifts. A non-mandatory site visit will be held on January 31, 2024 to allow potential offerors to inspect the elevators. The solicitation is full and open to small businesses with a size standard of $12,000,000 and NAICS code 811310 for elevator maintenance services.
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Other files
| File | Type | Posted |
|---|---|---|
| Amendment 0003_Attachment 1 Elevator Contract SOW.docx | DOCX document | |
| Amendment 0003_Attachment 3 Schedule of Supplies and Services.xlsx | XLSX spreadsheet | |
| Amendment 0003 SP330024Q0043.pdf | ||
| Amendment 0002 SP330024Q0043.pdf | ||
| DLA Form 1818.pdf | ||
| Amendment 0001 SP330024Q0043.pdf | ||
| SP3300-24-Q-0043 Amendment 0001.docx | DOCX document | |
| Attachment 3 Schedule of Supplies and Services.xlsx | XLSX spreadsheet | |
| Attachment 2 US Department of Labor Wage Determination.pdf | ||
| SP3300-24-Q-0043.docx | DOCX document | |
| Attachment 1 Elevator Contract SOW.docx | DOCX document |
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Text version
CUI
ENTDEFENSE LOGISTICS AGENCY
DLA DISTRIBUTION
ACQUISITON OPERATIONS J7
5430 MIFFLIN AVENUE, SUITE 3102A
NEW CUMBERLAND, PA 17070-5008
JANUARY 09, 2024
Action Code: Combined Synopsis / Solicitation
Issuing Office:
DLA Distribution Acquisition Operations J7 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008
Product Service Code (PSC): Z1GZ
Subject: MAINTENANCE OF ELEVATORS, DUMBWAITERS, AND PLATFORM LIFTS
Solicitation: SP3300-24-Q-0043
Closing Response Date: Friday, February 09, 2024, 1300 EST - Failure to submit your response by this date and time may result in non-consideration of your quote.
Closing Date for Questions: Wednesday, January 17, 2024, 1300 EST – Any questions received after the response date may not be answered by the Government.
Site Visit: Wednesday January 31, 2024, at 9:00am eastern.
Location: DLA Distribution Susquehanna PA
Instructions for Submission:
1. Interested contractors shall register on https://dbids-global.dmdc.mil/home/ . Once at the home screen, click “visit site” under the pre-enrollment site prompt. Follow the instructions for DBIDS submittal.
2. After Registration is completed, contractor will be assigned a DBIDS Number
3. The contractor will fill out DLA Form 1818 blocks 1: DDSP Elevator Maintenance 9 and 10 for all visitors. Block 10 will be the DBIDS number. No other information is required from the contractor.
4. Contractors shall submit the 1818 and a screen shot of their DBIDS confirmation to joseph.crowley@dla.mil no later than close of business Friday January 26, 2024.
5. All contractor forms received will be submitted for processing by contract specialist, Joseph Crowley the morning of Monday January 29, 2024.
6. Along with your form submission, in the body of the email please state your company name and the best phone number to be reached at for an individual arriving to base. Please subject the email line: SP3300-24-Q-0043 Elevator Maintenance Site Visit.
7. Make sure you bring TWO forms of ID.
Instructions for Arrival and Site Visit:
1. Site visit begins at 9:00am eastern time
2. Pass and ID opens at 6:30 am eastern. It is recommended to arrive at least an hour early to give yourself ample time to get your visitor pass. Wait times can vary depending on the amount of people waiting. Pass and ID office is located directly to the right of the base entrance before getting to the guard station.
3. The contract specialist and contracting officer representative will meet all prospective contractors at Pass and ID by 9:00am.
4. Contractors will follow the Government personnel to buildings where elevators are located for the site visit.
All contractor questions and government responses at the site visit will also be posted via an amendment to the solicitation on SAM.gov. It is not required to attend the site visit to quote the requirement.
Point of Contact:
Mr. Joseph Crowley Joseph.crowley@dla.mil 717-770-5445
Contracting Officer:
Mr. Christopher Robinson christopher.robinson@dla.mil 717-770-7285
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Part 13.0 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-0043.
This notice incorporates the provisions and clauses in effect under:
| Regulation |
| Identification |
| Effective Date |
| Federal Acquisition Circular (FAC) |
| 2024-01 |
| 14 November 2023 |
| Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) |
| 20231117 |
| 17 November 2023 |
| Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through Procurement Letter (PROCLTR) |
| 2024-01 |
| 19 October 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 as full and open competition under NAICS 811310 with a size standard of $12,000,000.00 and PSC Z1GZ Maintenance of Other Warehouse Buildings. SP3300-24-Q-0043 is being issued to establish a Firm Fixed-Price (FFP) and Time & Materials (T&M) purchase order for a contractor to provide preventative and corrective maintenance services on elevators, dumbwaiters, and platform lifts at DLA Distribution Susquehanna PA.
This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.
The contractor shall provide all labor, supervision, tools, materials, equipment, transportation, and management necessary to provide preventive and maintenance services, unscheduled service calls (as needed) and all repair and or replacement parts necessary to keep all portions of the weigh scale systems covered by this requirement in good operating condition. The services shall be performed in accordance with Statement of Work (SOW) provided at Attachment 1. The Government intends to award one (1) purchase order as a result of this RFQ which will be issued on a Standard Form (SF) 1449.
Schedule of Supplies:
Reference Amendment 0003_Attachement 3 Schedule of Supplies and Services. This is required to be filled out with quote submission.
CLIN 0001: Firm-Fixed Price: Is for monthly preventative maintenance on 11 elevators and 2 dumbwaiters. This includes inspection and testing.
CLIN 0002: Time and Materials: Labor to perform Corrective Maintenance (Equipment Repairs) on Elevators, Dumbwaiters, and Electric Platform Lifts as a result of a service call, in accordance with the attached Statement of Work. NOTE 1: The numbers of hours shown below are estimates only. Contractor will be paid only for the actual number of labor hours used for Corrective Maintenance service calls during the Period of Performance. NOTE 2: The Government will not pay for travel between the contractors' location and DLA Distribution Susquehanna; the Government will pay only for the actual number of labor hours that the technician is at DLA Distribution Susquehanna. The contractor shall not exceed the CLIN/contract ceilings without prior approval from the Contracting Officer CLIN 0003: Time and Materials: Replacement Parts for Corrective Maintenance (Equipment Repairs). This is an estimated amount to reimburse contractors for replacement parts required for Corrective Maintenance of the Elevators, Dumbwaiters, and Electric Platform Lifts. Prices shall not exceed the contractor’s established catalog or market price. If the contractor obtains a part at a discounted cost, the contractor shall pass the savings on to the Government. Upon request of the Government Point of Contact, the contractor will be required to provide invoices and/or proof of pricing for the contractor purchased part.
CLIN 0004: Firm-Fixed Price: Preventative Maintenance on three (3) Platform Lifts and inspections. This CLIN will be exercised on an option basis. The lifts are currently not operating properly; therefore no PM can be completed. The site is working on getting the lifts operational. Once that is completed, the lifts will be added to the PM schedule and the CLIN will be activated.
Vendors must quote all CLINs on the Schedule of Supplies to be eligible for award.
Place/Period of Performance:
DLA Distribution Susquehanna PA March 20, 2024 – March 19, 2025
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:
Point of Contact:
Email:
SOLICITATION PROVISIONS
THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:
| FAR |
| 52.203-18 |
| Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation |
| FAR |
| 52.204-7 |
| System for Award Management |
| FAR |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| FAR |
| 52.204-17 |
| Ownership or Control of Offeror |
| FAR |
| 52.204-20 |
| Predecessor of Offeror |
| FAR |
| 52.204-26 |
| Covered telecommunications Equipment or Services--Representation |
| FAR |
| 52.209-2 |
| Prohibition on contracting with inverted domestic corporations—representation |
| FAR |
| 52.209-11 |
| Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law |
| FAR |
| 52.219-1 (Alt 1) |
| Small Business Program Representations--Alternate I |
| FAR |
| 52.222-22 |
| Previous contracts and compliance reports |
| FAR |
| 52.222-25 |
| Affirmative action compliance |
| FAR |
| 52.225-25 |
| Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications |
| DFARS |
| 252.203-7005 |
| Representation relating to compensation of former DOD officials |
| DFARS |
| 252.204-7003 |
| Control of Government Personnel Work Product |
| 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 Acquisition of Covered Defense Telecommunications Equipment or Services—Representation |
| DFARS |
| 252.225-7035 |
| Buy American – Free Trade Agreements-Balance of Payments Program Certificate-Basic Alt I |
| DFARS |
| 252.247-7022 |
| Representation of Extent of Transportation by Sea |
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)
FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single Fixed-Priced Price/Time and Materials Purchase Order as a result of this solicitation.
(End of Provision)
FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition (NOV 2021)
(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.
(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by—
(1) The offeror;
(2) Subcontractors; and/or
(3) Divisions, subsidiaries, or affiliates or the offeror under a common control.
(End of Provision)
FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
FAR 52.233-2 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
430 MIFFLIN AVE, SUITE 3102A
NEW CUMBERLAND, PA 17070-5008.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
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/ (End of Provision)
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)
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
(1) 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 90 calendar days from the date specified for receipt of quotes.
(2) Facsimile and hard copy quote submissions will not be accepted or evaluated.
(3) Quotes shall be prepared in the English language.
(4) Quotes must be submitted electronically via email at: joseph.crowley@dla.mil Subject: SP3300-24-Q-0043. Quotation – “Offeror’s Company Name”
(5) Quotes must have the following Controlled Unclassified Information (CUI) marking incorporated on the appropriate pages:
a. Header on all page:
i. “CUI”
b. 1st page, bottom right corner (above footer text):
i. Controlled by:
ii. CUI Category:
iii. Distribution/Dissemination Controls:
iv. POC:
c. Footer (at very bottom) on all pages
i. “CUI”
(6) Quotes must include the following items:
a. Company name, Address, Point of Contact, Telephone Number and Email Address
b. Contractor Commercial and Government Entity (CAGE) Code
c. Solicitation Number
d. Signed acknowledgements of amendments (applicable only if amendments are issued against the solicitation).
e. The Contractor shall provide resumes and certificates pertaining to the specific training completed by all contractor personnel performing work under this SOW; resumes and certificates shall be submitted with the contractor’s quote. The required information is described in paragraph 11.0 Personnel Qualifications of the Statement of Work (current and valid resumes and certificates pertaining to the specific training completed by all contractor and subcontractor personnel performing work under this SOW).
f. The contractor shall provide certificates and documentation showing that they are an established provider of Elevator Maintenance services.
(7) Quotes shall include all required documentation as listed above. Submission of a quote that does not contain all items requested below 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. The offeror is expected to completely examine and analyze all aspects of the technical/business, past performance, and price areas to be addressed, and to include information in the quote, which will enable the evaluators to determine the offeror’s understanding of the requirements in each of the above areas.
FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) Quotes will be evaluated in accordance with FAR 13.106-2. The Government intends to award one purchase order on an all-or-none basis to the responsible offeror who: 1) quote complies with the terms and conditions of this solicitation, complies with laws and regulations ; and 2) offers the total overall lowest price for all contract line items.
Quoter 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.
Although the Government intends to award a purchase order as a result of this solicitation, the Government reserves the right to reject any and all quotes received and not award any item or items from this solicitation.
Technical Requirements
Technical capability shall be established by submittal of information that clearly demonstrates that the offeror possesses the necessary qualifications to perform the required Preventive and Corrective Maintenance set forth in the Statement of Work.
The Government will evaluate the Quoter’s Technical Capability to determine acceptability of the quote. Technical acceptability will be evaluated on an Acceptable/Unacceptable basis.
To be technically acceptable, the quoter must:
· comply with the requirements of law, regulation, and all conditions set forth in this solicitation.
· be an established provider of Elevator Maintenance Services, with valid/current training, certification, and work experience.
· clearly demonstrate their ability to perform the Elevator Maintenance Services required by the Statement of Work.
Past Performance Requirements The Government will evaluate the offeror’s Past Performance to determine acceptability of the quote in response to this solicitation. Past Performance will be evaluated on an acceptable/unacceptable basis and shall not be rated. The offeror will be evaluated on their past performance record and any other relevant information obtained from Government databases. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.
(End of Provision)
FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 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.
THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE
FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services Alternate I The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.
FAR 52.212-4 Addenda
| FAR |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| FAR |
| 52.204-13 |
| System for Award Management Maintenance |
| FAR |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| FAR |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| FAR |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities |
| FAR |
| 52.204-25 |
| Prohibition against Certain Telecommunications and Video Surveillance Services or Equipment. |
| FAR |
| 52.209-6 |
| Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment |
| FAR |
| 52.209-10 |
| Prohibition on Contracting with Inverted Domestic Corporations |
| FAR |
| 52.211-17 |
| Delivery of Excess Quantities |
| FAR |
| 52.222-25 |
| Affirmative Action Compliance |
| FAR |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| FAR |
| 52.223-10 |
| Waste Reduction Program |
| FAR |
| 52.232-8 |
| Discounts for Prompt Payment |
| FAR |
| 52.227-1 |
| Authorization and Consent |
| FAR |
| 52.232-8 |
| Discounts for Prompt Payment |
| FAR |
| 52.232-11 |
| Extras |
| FAR |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| FAR |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| FAR |
| 52.233-1 |
| Disputes |
| FAR |
| 52.233-3 |
| Protest after Award |
| FAR |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| FAR |
| 52.237-2 |
| Protection of Government Buildings, Equipment, and Vegetation |
| FAR |
| 52.247-17 |
| Government Delay of Work |
| FAR |
| 52.247-34 |
| F.o.b. Destination |
| FAR |
| 52.253-1 |
| Computer Generated Forms |
| DFARS |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| DFARS |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| DFARS |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| DFARS |
| 252.204-7000 |
| Disclosure Of Information |
| DFARS |
| 252.204-7003 |
| Control of Government Personnel Work Product |
| DFARS |
| 252.204-7004 |
| DoD Antiterrorism Awareness Training for Contractors |
| DFARS |
| 252.204-7009 |
| Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information |
| DFARS |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| DFARS |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| DFARS |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. |
| DFARS |
| 252.223-7006 |
| Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials - Basic |
| DFARS |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| DFARS |
| 252.225-7002 |
| Qualifying Country Sources as Subcontractors |
| DFARS |
| 252.225-7012 |
| Preference for Certain Domestic Commodities |
| DFARS |
| 252.225-7036 |
| Buy American – Free Trade Agreements-Balance of Payments Program – Alternate I |
| DFARS |
| 252.225-7048 |
| Export Controlled Items |
| DFARS |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DFARS |
| 252.232-7010 |
| Levies on Contract Payments |
| DFARS |
| 252.232-7017 |
| Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration |
| DFARS |
| 252.243-7001 |
| Pricing of Contract Modifications |
| DFARS |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| DFARS |
| 252.247-7023 |
| Transportation of Supplies by Sea |
THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:
52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (DEC 2023) The clause at FAR 52.212-5 and the following addenda are applicable to this acquisition.
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). |
| 52.209-6 |
| Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note). |
| (i) 52.219-4 |
| Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). |
| 52.219-28 |
| Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)). |
| 52.222-3 |
| Convict Labor (June 2003) (E.O. 11755). |
| 52.222-19 |
| Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). |
| 52.222-21 |
| Prohibition of Segregated Facilities (Apr 2015). |
| (i) 52.222-26 |
| Equal Opportunity (Sep 2016) (E.O. 11246). |
| (i) 52.222-36 |
| Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). |
| (i) 52.222-50 |
| Combating Trafficking in Persons (Oct 2020) (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). |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). |
| 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:
| 52.222-41 |
| Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.). |
| 52.222-42 |
| Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). |
| 52.222-43 |
| 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) (E.O. 13658). |
| 52.222-62 |
| Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). |
FAR 52.217-8 Option To Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
(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.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/ (End of Clause)
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)
DFARS 252.225-7013 Duty-Free Entry. (DEVIATION 2020-O0019)
| (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— |
(i) “Designated country end product,” as defined in the Trade Agreements (either basic or alternate) clause of this contract;
(ii) “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;
(iii) “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) New York, ATTN: Customs Team, DCMAE-GNTF, 201 Varick Street, Room 905C, New York, New York 10014, 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) Preparation of customs forms. | |||
| (1)(i) Except for shipments consigned to a military installation, the Contractor shall— | |||
| (A) Prepare any customs forms required for the entry of foreign supplies into the customs territory of the United States in connection with this contract; and | |||
| (B) Submit the completed customs forms to the District Director of Customs, with a copy to DCMA NY for execution of any required duty-free entry certificates. | |||
| (ii) Shipments consigned directly to a military installation will be released in accordance with sections 10.101 and 10.102 of the U.S. Customs regulations. | |||
| (2) For shipments containing both supplies that are to be accorded duty-free entry and supplies that are not, the Contractor shall identify on the customs forms those items that are eligible for duty-free entry. |
| (g) The Contractor shall— | ||
| (1) Prepare (if the Contractor is a foreign supplier), or shall instruct the foreign supplier to prepare, a sufficient number of copies of the bill of lading (or other shipping document) so that at least two of the copies accompanying the shipment will be available for use by the District Director of Customs at the port of entry; | ||
| (2) Consign the shipment as specified in paragraph (e) of this clause; and | ||
| (3) Mark on the exterior of all packages— | ||
| (i) “UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE”; and | ||
| (ii) The activity address number of the contract administration office administering the prime contract. |
| (h) The Contractor shall notify the Administrative Contracting Officer (ACO) in writing of any purchase of eligible products or qualifying country supplies to be accorded duty-free entry, that are to be imported into the customs territory of the United States for delivery to the Government or for incorporation in end items to be delivered to the Government. The Contractor shall furnish the notice to the ACO immediately upon award to the supplier and shall include in the notice— | |
| (1) The Contractor’s name, address, and Commercial and Government Entity (CAGE) code; |
| (2) Prime contract number and, if applicable, delivery order number; | |
| (3) Total dollar value of the prime contract or delivery order; | |
| (4) Date of the last scheduled delivery under the prime contract or delivery order; | |
| (5) Foreign supplier's name and address; | |
| (6) Number of the subcontract for foreign supplies; | |
| (7) Total dollar value of the subcontract for foreign supplies; | |
| (8) Date of the last scheduled delivery under the subcontract for foreign supplies; | |
| (9) List of items purchased; | |
| (10) An agreement that the Contractor will 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; | |
| (11) Country of origin; and | |
| (12) Scheduled delivery date(s). |
| (i) This clause does not apply to purchases of eligible products or qualifying country supplies in connection with this contract if— | |
| (1) The supplies are identical in nature to supplies purchased by the Contractor or any subcontractor in connection with its commercial business; and | |
| (2) It is not economical or feasible to account for such supplies so as to ensure that the amount of the supplies for which duty-free entry is claimed does not exceed the amount purchased in connection with this contract. |
| (j) Subcontracts. The Contractor shall— | ||
| (1) Insert the substance of this clause, including this paragraph (j), in all subcontracts for— | ||
| (i) Qualifying country components; or | ||
| (ii) Nonqualifying country components for which the Contractor estimates that duty will exceed $200 per unit; | ||
| (2) Require subcontractors to include the number of this contract on all shipping documents submitted to Customs for supplies for which duty-free entry is claimed pursuant to this clause; and | ||
| (3) Include in applicable subcontracts— | ||
| (i) The name and address of the ACO for this contract; | ||
| (ii) The name, address, and activity address number of the contract administration office specified in this contract; and | ||
| (iii) The information required by paragraphs (h)(1), (2), and (3) of this clause. |
(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 (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. INVOICE AS 2-IN-1 (Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in 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 |
| Not Applicable |
| Ship To Code |
| Not Applicable |
| Ship From Code |
| Not Applicable |
| Mark For Code |
| Not Applicable |
| Service Approver (DoDAAC) |
| Not Applicable |
| Service Acceptor (DoDAAC) |
| SB3300 |
| Accept at Other DoDAAC |
| Not Applicable |
| LPO DoDAAC |
| Not Applicable |
| DCAA Auditor DoDAAC |
| Not Applicable |
| Other DoDAAC(s) |
| Not Applicable |
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Not Applicable (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
END OF COMBINED SYNOPSIS/SOLICITATION
Controlled by: DLA Distribution DLA Distribution J7AB CUI Category: PROCURE Distribution/Dissemination Controls: FEDCON POC: Joseph Crowley, 717-770-5445
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