RFQ SP3300-24-Q-0156.pdf

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DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

ACQUISITON OPERATIONS J7

5430 MIFFLIN AVENUE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008

Action Code: Combined Synopsis / Solicitation (CSS)

Issuing Office:

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

Product Service Code (PSC): 8115 (Boxes, Cartons and Crates)

Subject: Boxes and Fiberboard Sheets

Solicitation: SP3300-24-Q-0156

Closing Response Date: May 22, 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: May 18, 2024 1300 EST – Any questions received after the response date are not required to be answered by the Government.

Point of Contact:

Mr. Adam Pennartz Adam.1.Pennartz@DLA.MIL or Contracting Officer:

Mr. Rafael E. Dixon Rafael.Dixon@DLA.MIL

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 Simplified Acquisition Procedures. 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:

mailto:Adam.1.Pennartz@DLA.MIL mailto:Rafael.Dixon@DLA.MIL

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REGULATION IDENTIFICATION EFFECTIVE

DATE

UPDATE

Federal Acquisition Circular (FAC) 2024-05 22 April 2024 Federal Register Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)

20240425 25 April 2024 Publication Notices

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

2024-04 08 April 2024 DLAD

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 Combined Synopsis / Solicitation is being issued as a 100% small business set-aside under NAICS 326150 with a size standard of 750 employees. SP3300-24-Q-0073 is being issued to establish a Firm-Fixed-Price contract. All material needs to match the specifications provided in the schedule of supplies. Any resulting award will be issued on a Standard Form (SF) 1449.

The required delivery is 90 days after receipt of order (DARO) or sooner. The Government is seeking to have delivery of all products as soon as possible.

FOB: Destination Inspection / Acceptance: Destination

Schedule of Supplies (1 CLIN).

ALL UNIT PRICES MUST BE IN FULL CENTS (TWO DECIMAL PLACES ONLY).

ALL UNIT PRICES SHALL BE QUOTED AS FOB DESTINATION – FIRM-FIXED PRICE

(FOB-FFP).

FOB-FFP pricing must include all costs of doing business in the unit price (i.e., all shipping, transaction fees, and other costs must be included in the unit price and not quoted separately or billed after delivery). The United States Government is tax exempt (use TAX ID# 31-144-8924 if required).

Are you able to set your own pricing YES ( ) NO ( )

Manufacture of Product Offered: ________________________________

Delivery _________ Days ARO (After Receipt of Order). (Fastest Delivery Date as Possible Please).

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

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ITEM 0001 – NOM: BOX SHIPPING 45X14X22 DW DOMBOX, SHIPPING. DOUBLE

WALL, DOMESTIC.MATERIAL NUMBER (MN): N00001140SIZE: 45 IN LONG X 14

IN WIDE X 22 IN DEEP (INSIDE DIMENSIONS).SN 811500L970209CLASS:

DOMESTIC (DOM).STYLE: REGULAR SLOTTED CARTON (RSC).TYPE:

CORRUGATED FIBERBOARD (CF).FLUTE DESIGNATION: SEE ASTM

D5118/D5118M, SECTION 6.4.2FLUTE DIRECTION: PERPENDICULAR TO

SCORELINE OF THE BOX OPENING.JOINT ASSEMBLY: GLUED.GRADE:

350.BURSTING STRENGTH: 350 LB PSI.MAX. WEIGHT OF BOX+CONTENTS: 120

LBS.RECOVERED/POSTCONSUMER CONTENT: 25-30% RECOVERED

INCLUDING 25-30%POSTCONSUMER.ASTM-D1974/D1974M, ASTM-D4727/D4727M,

ASTM-D5118/D5118M, MIL-STD-2073-1EAND CURRENT CHANGES APPLY.3 EA

PER BUNDLE (BD)..

Bundle Unit Price $_______________ x 700 BD= _____________ (Total Price)

Please fill in the Yellow Highlighted Unit Price ONLY in the chart below.

CLIN QTY U/O UNIT PRICE AMOUNT

0001 700 BD

TOTAL

Delivery:

SHIP TO FOR CLIN 0001:

DEFENSE LOGISTICS AGENCY

BASE SUPPLY

O AVENUE BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

US

ITEM 0002 – NOM: SHEET CF 28X26 DW WRSHEET, CORRUGATED

FIBERBOARD. DOUBLE WALL, WEATHER RESISTANT.MATERIAL NUMBER

(MN): N00001036SIZE: 28 IN LONG X 26 IN WIDE.SN 8135011261436CLASS:

WEATHER RESISTANT (WR).VARIETY: DOUBLE WALL (DW).TYPE:

CORRUGATED FIBERBOARD (CF).FLUTE DESIGNATION: B OR C.FLUTE

DIMENSIONAL DIRECTION: PARALLEL TO WIDTH.GRADE: V11C.BURSTING

STRENGTH: 600 LB PSI.RECOVERED/POSTCONSUMER CONTENT: 25-100%

RECOVERED INCLUDING 15%POSTCONSUMER.ASTM-D4727/D4727M, MIL-STD-

2073-1E AND CURRENT CHANGES APPLY.

Sheet Unit Price $_______________ x 300 SH= _____________ (Total Price)

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0002 300 SH

SHIP TO FOR CLIN 0002:

DLA DISTRIBUTION OKC DDOO

BLDG 1 DOOR 80

ATTN SUPPLY AREA 405 855 3273

TINKER AFB OK 73145-5000

US

ITEM 0003 – NOM: BOX SHIPPING 12X12X12 SW DOMBOX, SHIPPING. SINGLE

WALL, DOMESTIC.MATERIAL NUMBER (MN): N00001081SIZE: 12 IN LONG X 12

IN WIDE X 12 IN DEEP (INSIDE DIMENSIONS).SN 811500L962482CLASS:

DOMESTIC (DOM).STYLE: REGULAR SLOTTED CARTON (RSC).TYPE:

CORRUGATED FIBERBOARD (CF).FLUTE DESIGNATION: CFLUTE DIRECTION:

PERPENDICULAR TO SCORELINE OF THE BOX OPENING.JOINT ASSEMBLY:

GLUED.GRADE: 275.BURSTING STRENGTH: 275 LB PSI.MAX. WEIGHT OF

BOX+CONTENTS: 95 LBS.RECOVERED/POSTCONSUMER CONTENT: 25-50%

RECOVERED INCLUDING 25-50%POSTCONSUMER.ASTM-D1974/D1974M, ASTM-

D4727/D4727M, ASTM-D5118/D5118M, MIL-STD-2073-1EAND CURRENT CHANGES

APPLY.25 EA PER BUNDLE (BD).

Bundle Unit Price $_______________ x 380 BD= _____________ (Total Price)

0003 380 BD

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SHIP TO FOR CLIN 0003:

DEFENSE LOGISTICS AGENCY

BASE SUPPLY

O AVENUE BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

US

ITEM 0004 – NOM: SHEET CF 28X18 DW DOMSHEET, CORRUGATED

FIBERBOARD. DOUBLE WALL, DOMESTIC.MATERIAL NUMBER (MN):

N00001040SIZE: 28 IN LONG X 18 IN WIDE.SN 8135011261435CLASS: DOMESTIC

(DOM).VARIETY: DOUBLE WALL (DW).TYPE: CORRUGATED FIBERBOARD

(CF).FLUTE DESIGNATION: BFLUTE DIMENSIONAL DIRECTION: PARALLEL TO

WIDTH.GRADE: 500.BURSTING STRENGTH: 500 LB

PSI.RECOVERED/POSTCONSUMER CONTENT: 25-100% RECOVERED

INCLUDING 15%POSTCONSUMER.ASTM-D4727/D4727M, MIL-STD-2073-1E AND

CURRENT CHANGES APPLY.

Sheet Unit Price $_______________ x 150 SH= _____________ (Total Price)

0004 150 SH

SHIP TO FOR CLIN 0004:

DLA DISTRIBUTION OKC DDOO

BLDG 1 DOOR 80

ATTN SUPPLY AREA 405 855 3273

TINKER AFB OK 73145-5000

US

ITEM 0005 – NOM: BOX SHIPPING 10X10X10 SW DOMBOX, SHIPPING. SINGLE WALL,

DOMESTIC.MATERIAL NUMBER (MN): N00001069SIZE: 10 IN LONG X 10 IN WIDE X 10

IN DEEP (INSIDE DIMENSIONS).SN 811500L962489CLASS: DOMESTIC (DOM).STYLE:

REGULAR SLOTTED CARTON (RSC).TYPE: CORRUGATED FIBERBOARD (CF).FLUTE

DESIGNATION: CFLUTE DIRECTION: PERPENDICULAR TO SCORELINE OF THE

BOX OPENING.JOINT ASSEMBLY: GLUED.GRADE: 275.BURSTING STRENGTH: 275

LB PSI.MAX. WEIGHT OF BOX+CONTENTS: 95 LBS.RECOVERED/POSTCONSUMER

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CONTENT: 25-50% RECOVERED INCLUDING 25-50%POSTCONSUMER.ASTM-

D1974/D1974M, ASTM-D4727/D4727M, ASTM-D5118/D5118M, MIL-STD-2073-1EAND

CURRENT CHANGES APPLY.25 EA PER BUNDLE (BD).

Bundle Unit Price $_______________ x 650 BD= _____________ (Total Price)

0005 650 BD

SHIP TO FOR CLIN 0005:

DEFENSE LOGISTICS AGENCY

BASE SUPPLY

O AVENUE BLDG 50 BAY 1

NEW CUMBERLAND PA 17070

US

ITEM 0006 – DO NOT ORDER FOR GENERAL PACKING AREAS PER CPI

REVIEWBOX SHIPPING. SIZE: 6 INCH LONG X 6 INCH WIDE X 15 INCH DEEP.

TYPE:CORRUGATED FIBERBOARD (CF). STYLE: REGULAR SLOTTED CARTON

(RSC).CLASS: WEATHER RESISTANT (WR). VARIETY: SINGLE WALL (SW).

GRADE: V3CBURSTING STRENGTH: 400 LB PSI. ASTM D5118 AND CURRENT

CHANGESAPPLY. RECYCLED CONTENT: 40% POST CONSUMER MATERIAL. 25

BOXES PERBUNDLE. STOCK NUMBER 8115011666458.

Bundle Unit Price $_______________ x 80 BD= _____________ (Total Price)

0006 80 BD

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SHIP TO FOR CLIN 0006:

DLA DISTRIBUTION OKC DDOO

BLDG 1 DOOR 80

ATTN SUPPLY AREA 405 855 3273

TINKER AFB OK 73145-5000

US

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

SPECIAL INSTRUCTIONS:

Requirements For Pallets: Material must be shipped on serviceable, winged pallets in accordance with MD00100452, Revision C, dated 09/2016. Please reference the following link for more information:https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/ Logistics/Packaging/Palletization.aspx

The complete specification for winged pallets can be found in Part 9 of ANSI MH1. The pallet must be heat treated, certified, and stamped or branded with the appropriate certification markings in accordance with DOD Manual 4140.65. Please reference the DLA Master List of Technical and Quality Requirements for information at this link:

https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/

Additional information can be found at: https://www.dla.mil/LandandMaritime/Offers/Services/ TechnicalSupport/Logistics/Packaging/WoodPack.aspx

Failure to deliver supplies on pallets with these specifications will result in the Government not accepting the shipment when it arrives at destination. The offeror must quote shipment of supplies in accordance with this requirement.

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 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.

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The contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company Name:

Company Address:

Telephone:

Cage code:

UEI

Point of Contact:

Email:

SOLICITATION PROVISIONS

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 52.209-2 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 52.211-16 Variation in Quantity

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 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications FAR 52.222-36 Equal Opportunity for Workers with Disabilities

DFARS 252.203-

Representation relating to compensation of former DOD officials

DFARS 252.204-

Control of Government Personnel Work Product

DFARS 252.204- Compliance with Safeguarding Covered Defense Information Controls

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DFARS 252.204-

Covered Defense Telecommunications Equipment or Services— Representation.

DFARS 252.204-

Prohibition on Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

DFARS 252.204-

Notice of NIST SP 800-171 DoD Assessment Requirements

DFARS 252.215-

Notice of Intent to Resolicit

DFARS 252.204-

Compliance with safeguarding covered defense information controls

DFARS 252.225-

Buy American – Free Trade Agreements-Balance of Payments Program Certificate-Basic

DFARS 252.247-

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);

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(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 Firm Fixed-Priced contract as a result of this solicitation.

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: RAFAEL DIXON

CONTRACTING OFFICER

5430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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

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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 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: adam.1.pennartz@dla.mil Subject:

SP3300-24-Q-0156. 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: CONTRACT, PROCURE

iii. Distribution/Dissemination Controls: FED ONLY

iv. POC: Eric Hopkins (724) 422-8240

c. Footer (at very bottom) on all pages

i. “CUI”

ii. “Source Selection Information See FAR 2.101 and 3.104”

(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 mailto:adam.1.pennartz@dla.mil

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d. Signed acknowledgements of amendments (applicable only if amendments are issued against the solicitation).

e. A completed Schedule of Supplies

f. If the requested material(s) under the schedule of supplies are generic or an

“equal/equivalent” item is being offered, descriptive literature MUST be included with the offer. Descriptive literature is to show that vendors are providing requested material(s) in accordance with the schedule of supplies. Descriptive literature should show the requested material(s) meet all salient characteristics under the schedule of supplies (manufacturer, make, model, part number, physical description, etc).

(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.

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 may award one contract 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.

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

Technical Requirements Note: This is a Lowest Price Technically Acceptable requirement. To be considered for award, offerors must:

Provide material(s) in accordance with the schedule of supplies. Quotes will be evaluated in accordance with the Schedule of Supplies. Provider must provided the FASTEST delivery date possible.

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 available sources which may include: Supplier Performance Risk System (SPRS), the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov;or other databases.

In the case of a supplier without a record of relevant past performance history in SPRS for the PSC of the supplies being purchased, the supplier will not be evaluated favorably or unfavorably for its past performance history. In the context of acceptability/unacceptability, “unknown” shall be considered acceptable.

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FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (FEB 2024) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

SOLICITATION CLAUSES

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023) 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 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

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 52.204-23 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.

52.209-6 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 52.222-25 Affirmative Action Compliance 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

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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-

Requirements Relating to Compensation of Former DoD Officials

252.203-

Requirement to Inform Employees of Whistleblower Rights

252.203-

Representation Relating to Compensation of Former DoD Officials

252.204-

Control of Government Personnel Work Product

252.204-

Compliance with Safeguarding Covered Defense Information Controls

252.204-

Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-

Notice of Authorized Disclosure of Information for Litigation Support

252.204-

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.204-

NIST SP 800-171 DoD Assessment Requirements

252.223-

Prohibition of Hexavalent Chromium

252.225-

Qualifying Country Sources as Subcontractors

252.225-

Preference for Certain Domestic Commodities

252.225-

Buy American – Free Trade Agreements-Balance of Payments Program

252.232-

Electronic Submission of Payment Requests and Receiving Reports

252.232-

Levies on Contract Payments

252.232-

Accelerating Payments to Small Business Subcontractors – Prohibition on Fees and Consideration

252.243-

Pricing of Contract Modifications

252.244-

Subcontracts for Commercial Items

252.247-

Transportation of Supplies by Sea

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52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders --Commercial Products and Commercial Services. (FEB 2024) FAR

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. 109e 2) ( 31 U.S.C. 6101 note).

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

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. (NOV 2021) (31 U.S.C.

6101 note)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (15 U.S.C. 657a).

52.219-6 Total Small Business Set Aside 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) 52.225-1 Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

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)

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

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(End of Clause)

52.211-9 - DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997) FAR

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

Item No.

Quantity

Within Days After Date of Contract

All CLINS All Items 30 days

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

Required Delivery Schedule:

All CLINS All Items 90 days

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

Offeror’s Proposed Delivery Schedule:

All CLINS All Items

Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written

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notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S.

Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (JAN 2023)

(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 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

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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.

(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.

(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 financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

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[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 SB3300 & SB3212 (See CLIN Lines)

Ship From Code Not Applicable

Mark For Code SB3300 & SB3212 (See CLIN Lines)

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

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(*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

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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.

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

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

DFARS 252.225-7013 Duty-Free Entry. (NOV 2023)

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

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

“Eligible product” means—

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

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

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

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

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

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

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

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

(c) The Contractor shall—

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

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

(i) Scrap or salvage; or

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

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

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

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

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

(1) Consign the shipments to the appropriate—

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

(ii) Military installation; and

(2) Include the following information:

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

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

(iii) Identification of the carrier.

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

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

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

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

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

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

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(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.

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(j) 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.

DFARS 252.225-7048 EXPORT…