Tab 11 - SP330024Q0083 CSS.docx

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Trailer for DDCT Federal contract opportunity
Solicitation number
SP330024Q0083
Issued by
Defense Logistics Agency Distribution

About this file

This request for quotation is for a Trailer for DDCT under Solicitation Number SP330024Q0083 issued by the Defense Logistics Agency Distribution. The RFQ is a 100% small business set-aside under NAICS 336212 with a size standard of 1,000 employees and PSC 2330 Trailers. The government intends to establish a firm-fixed-price contract for the Trailer that meets the salient characteristics in the schedule of supplies. The Defense Logistics Agency Distribution aims to award one contract as a result of this RFQ using Standard Form 1449.

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DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

ACQUISITON OPERATIONS J7

430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

FEBRUARY 28, 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): 2330 Trailers

Subject: DLA Distribution Corpus Christi TX (DDCT) Trailer

Solicitation: SP3300-24-Q-0083

Closing Response Date: Thursday, March 7, 2024, 1300 EST - Failure to submit your response by this date and time may result in non-consideration of your quote.

Primary Point of Contact:

Ms. Allexas R. Kirchgessner Contract Specialist Allexas.Kirchgessner@dla.mil 717-770-4285

Secondary Point of Contact:

Ms. Gomati Poonai Contracting Officer Gomati.Poonai@dla.mil 717-770-4502

Description: This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR parts 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This notice incorporates the provisions and clauses in effect under:

REGULATION
IDENTIFICATION
ISSUE DATE
Federal Acquisition Circular (FAC)
2024-02
22 December 2023
Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)
20240215
15 February 2024
Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through Procurement Letter (PROCLTR)
2024-04
12 February 2024

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 a 100% small business set-aside requirement under NAICS 336212 with a size standard of 1,000 employees and PSC 2330 Trailers. SP330024Q0083 is being issued to establish a Firm-Fixed-Price contract for the Trailer in accordance with the schedule of supplies. The proposed Trailer needs to meet the salient characteristics for the CLIN. The Government intends to award one (1) contract as a result of this RFQ which will be issued on a Standard Form (SF) 1449.

The Trailer requested by this solicitation is shown below in the Schedule of Supplies and is firm-fixed price. The trailer ordered under any resulting award will be freight on board destination. The Government requires delivery of all equipment within 30 days after Contractor receipt of order.

CLIN
Schedule of Supplies/Services
Quantity
U/I
Unit Price
Extended Total Price
0001
Industrial Fifth Wheel Steer Trailer (20,000 lbs Capacity);

108" wide x 300" long; 20,000 lbs. Capacity; Channel steel frame with smooth steel deck; Single fifth wheel steer (dual steer); Couplers, drawbar tongue with u-ring on the front; RUNNING GEAR: (8) 20" solid pneumatic wheels with tapered bearings; "Electrostatically" applied orange enamel finish

1
EA

Ship to Address:

SB3214

DLA DISTRIBUTION CORPUS CHRISTI DDCT

540 FIRST STREET SE BLDG 1846

CORPUS CHRISTI TX 78419

Proof of Delivery: Acceptable Proof of Delivery documents include: Shipping Documentation, Materials Inspection and Receiving Report (DD250), Bill of Lading, Packing List, Tracking/Delivery Confirmation, or Invoice. To ensure prompt payment to your company, the Proof of Deliveries must include the following:

CONTRACT NUMBER

CLIN /MATERIAL NUMBER

SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

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.

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
52.204-22
Alternate Line Item Proposal
FAR
52.204-26
Covered telecommunications Equipment or Services—Representation
FAR
52.204-27
Prohibition On a Bytedance Covered Application
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
52.212-3 (Alt 1)
Offeror Representations and Certifications—Commercial Items--Alternate I
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
252.215-7007
Notice of Intent to Resolicit
DFARS
252.204-7008
Compliance with safeguarding covered defense information controls
DFARS
252.225-7000
Buy American-Balance of Payments Program Certificate
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)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

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

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

(c) Procedures.

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

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

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

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

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

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

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

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

(4) Brand;

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

(6) Item description;

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

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

(End of provision)

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

(End of Provision)

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

DLA DISTRIBUTION

ACQUISTION OPERATIONS (J7)

ATTN: GOMATI POONAI

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.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx (End of 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 (NOV 2021) 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 offers.

(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: Allexas.Kirchgessner@dla.mil Subject: SP3300-24-Q-0083. 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. A statement stating “______________________(company name) is an authorized distributor/reseller for _____________________(manufacturer name) products and is free to set own prices and discounts.”

f. Descriptive literature to show the proposed Trailer meets the salient characteristics on the schedule of supplies for the CLIN. Vendors shall submit product literature that highlights the Trailer requirements requested by the Government.

(7) Quotes shall include all required documentation as listed above. Submission of a quote that does not contain all items requested above 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.

Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award. As part of this evaluation the Government reserves the right to review any sources or people the Government determines reliable including those sources which relate to past performance.

All distributors need to confirm that they are authorized distributors and are free to to set their own prices and discounts.

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.

(End of Provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022) 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 The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.

FAR 52.212-4 Addenda

52.202-1
Definitions
52.203-3
Gratuities
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-13
System for Award Management Maintenance
52.204-18
Commercial and Government Entity Code Maintenance
52.204-19
Incorporation by Reference of Representations and Certifications
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
52.204-25
Prohibition against Certain Telecommunications and Video Surveillance Services or Equipment.
52.204-30
Federal Acquisition Supply Chain Security Act Orders--Prohibition
52.209-6
Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-10
Prohibition on Contracting with Inverted Domestic Corporations
52.211-17
Delivery of Excess Quantities
52.219-6
Notice of Total Small Business Set-Aside
52.219-30
Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program
52.223-6
Drug-Free Workplace
52.222-26
Equal Opportunity
52.232-1
Payments
52.232-8
Discounts for Prompt Payment
52.232-11
Extras
52.232-23
Assignment of Claims
52.232-39
Unenforceability of Unauthorized Obligations
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
52.233-1
Disputes
52.233-3
Protest After Award
52.233-4
Applicable Law for Breach of Contract Claim
52.243-1
Changes Fixed Price
52.247-34
F.O.B. Destination
52.253-1
Computer Generated Forms
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
252.203-7005
Representation Relating to Compensation of Former DoD Officials
252.204-7003
Control of Government Personnel Work Product
252.204-7008
Compliance with Safeguarding Covered Defense Information Controls
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
252.204-7024
Notice on the use of the Supplier Performance Risk System
252.211-7003
Item Unique Identification and Valuation
252.223-7008
Prohibition of Hexavalent Chromium
252.223-7009
Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting Agent for Use on Military Installations
252.225-7001
Buy American and Balance of Payments Program
252.225-7002
Qualifying Country Sources as Subcontractors
252.225-7012
Preference for Certain Domestic Commodities
252.225-7048
Export Controlled Items
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
252.232-7010
Levies on Contract Payments
252.232-7017
Accelerating Payments to Small Business Subcontractors – Prohibition on Fees and Consideration
252.243-7001
Pricing of Contract Modifications
252.244-7000
Subcontracts for Commercial Items
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 (MAY 2022) The clause at FAR 52.212-5 and the following addenda are applicable to this acquisition.

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)
52.219-28
Post Award Small Business Program Representation (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 (JAN 2022)
52.222-21
Prohibition of Segregated Facilities (Apr 2015).
52.222-26
Equal Opportunity (Sep 2016) (E.O. 11246).
52.222-36
Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793)
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).
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. 552a)

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR - https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx (End of Clause)

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. 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. INVOICE (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
SB3214
Ship From Code
Not Applicable
Mark For Code
SB3214
Service Approver (DoDAAC)
Not Applicable
Service Acceptor (DoDAAC)
Not Applicable
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 SOLICITATION

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File details come from the government source that posted it. Updated .