SP451019Q1004.pdf

SP4510-19-Q-1004

COMBINED SYNOPSIS / SOLICITATION

Mobile Shear

Please complete and return this page as your pricing submission. Note that prices can only be to two digits past the decimal place, and the Government will use standard rounding practices to round any unit prices submitted that are beyond two decimal places

Questions regarding this procurement shall be e-mailed to erin.clore@dla.mil not later than 2:00 PM Eastern Time, Tuesday, 31 January 2019.

All quotes shall be e-mailed to erin.clore@dla.mil not later than 2:00 PM Eastern Time, Friday, 15 February 2019.

The successful offeror shall be actively registered in the System for Award Management (SAM) located at https://www.sam.gov/portal/public/SAM/ in order for an award to be made.

BID SCHEDULE

Base Period of Performance

CLIN DESCRIPTION Quantity Price Per

Unit

TOTAL

PRICE

0001 Purchase and Deliver a Mobile Shear Genesis GXP300r or Equivalent

0002 Purchase and Deliver a Mobile Shear Genesis GXP440r or Equivalent

0003 Purchase and Deliver a Mobile Shear Genesis GXP660r or Equivalent

0004 Purchase and Deliver a Mobile Shear Genesis GXP990r or Equivalent

Minimum: $3,000.00 Maximum: 300% above total for period of performance

Total Estimate for Base Period:_________________

First Option Period of Performance

Unit

TOTAL

PRICE

1001 Purchase and Deliver a Mobile Shear Genesis GXP300r or Equivalent

1002 Purchase and Deliver a Mobile Shear Genesis GXP440r or Equivalent mailto:erin.clore@dla.mil mailto:erin.clore@dla.mil https://www.sam.gov/portal/public/SAM/

1003 Purchase and Deliver a Mobile Shear Genesis GXP660r or Equivalent

1004 Purchase and Deliver a Mobile Shear Genesis GXP990r or Equivalent

Total Estimate for First Option Period:________________:

Second Option Period of Performance

Unit

TOTAL

PRICE

2001 Purchase and Deliver a Mobile Shear Genesis GXP300r or Equivalent

2002 Purchase and Deliver a Mobile Shear Genesis GXP440r or Equivalent

2003 Purchase and Deliver a Mobile Shear Genesis GXP660r or Equivalent

2004 Purchase and Deliver a Mobile Shear Genesis GXP990r or Equivalent

Total Estimate for Second Option Period: _______________

Third Option Period of Performance

Unit

TOTAL

PRICE

3001 Purchase and Deliver a Mobile Shear Genesis GXP300r or Equivalent

3002 Purchase and Deliver a Mobile Shear Genesis GXP440r or Equivalent

3003 Purchase and Deliver a Mobile Shear Genesis GXP660r or Equivalent

3004 Purchase and Deliver a Mobile Shear Genesis GXP990r or Equivalent

Total Estimate for Third Option Period:_____________

Fourth Option Period of Performance

Unit

TOTAL

PRICE

4001 Purchase and Deliver a Mobile Shear Genesis GXP300r or Equivalent

4002 Purchase and Deliver a Mobile Shear Genesis GXP440r or Equivalent

4003 Purchase and Deliver a Mobile Shear Genesis GXP660r or Equivalent

4004 Purchase and Deliver a Mobile Shear Genesis GXP990r or Equivalent

Total Estimate for Fourth Option Period: __________________

Total (Base + 4 options):

PERFORMANCE WORK STATEMENT (PWS)

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This procurement is set aside in accordance with FAR Part 19, with a North American Industry Classification System (NAICS) code of 333120, with a size standard of 1,250 employees. In accordance with DFAR 215.203-70 a Tiered Evaluation will be utilized with the following order of precedence:

i. Service-Disabled, Veteran-Owned Small Business (SDVOSB),

ii. Small Business (SB),

iii. Unrestricted

In accordance with FAR 19.14, award will be made on a competitive basis to eligible (responsible and technically acceptable) SDVOSB concerns, provided that a minimum of two (2) competitive offers are received from a SDVOSB. If a minimum of two (2) competitive offers from eligible SDVOSB concerns are not received, any award will be made on a competitive basis to eligible small business concerns in accordance with FAR

19.5 provided that a minimum of two (2) competitive offers are received from eligible small business concerns. If a minimum of two (2) competitive offers from eligible small business http://farsite.hill.af.mil/reghtml/Regs/far2afmcfars/fardfars/Far/12.htm#P311_50761 concerns are not received, any award covered by this solicitation will be made on the basis of full and open competition from among all eligible business concerns submitting offers.

The Small Business Administration has granted a class waiver to the "Non-Manufacturer Rule" (FAR 19.102(f)) for this NAICS, therefore, a small business offeror 1) may furnish the supplies of a large domestic manufacturer, 2) may have no more than 1,250 employees, and 3) is not subject to usual limitations on subcontracting (FAR clause 52.219-14). By submitting an offer under this solicitation, the offeror certifies that it fully complies with the provisions set forth above.

2. Contract Line Item Number (CLIN) 0001, 1001, 2001, 3001 & 4001 - DLA Disposition Services has a requirement for Mobile Shear attachment with Body and Jaw Armor brand-name or equal to Genesis GXP300r Mobile Shear attachment with Body and Jaw Armor. To be considered equal, equipment offered shall meet the following salient characteristics:

2.1 Jaw opening should be at least 23 inches

2.2 Jaw depth should be at least 24 inches

2.3 Reach should be at least 10 feet and 6 inches

2.4 Must have a proprietary regeneration valve

2.5 Must have easy to replace piercing tip system

2.6 Must have heavy-duty designed pivot

2.7 Standard Manufacturer paint

2.8 360° continuous rotation

2.9 Protective Body and Jaw armor should be included and installed on Mobile Shear

2.10 Must have manufacturer data plate with serial number and model numbers

Manuals - Hard Copy and Electronic:

2.11 Operators Manual (x2)

2.12 Service Manual (x2)

2.13 Parts Manual (x2)

Mounting requirements and capabilities:

2.14 Boom Mounted

2.15 Shear attachment shall be capable of being mounted on: Volvo EC210

2.16 Shear attachment shall be capable of being mounted on: EC220

2.17 Shear attachment shall be capable of being mounted on: Volvo EW180

3. CLIN 0002, 1002, 2002, 3002 & 4002: DLA Disposition Services has a requirement for

Mobile Shear attachment with Body and Jaw Armor brand-name or equal to Genesis GXP440r Mobile Shear attachment with Body and Jaw Armor. To be considered equal, equipment offered shall meet the following salient characteristics:

3.1 Jaw opening should be at least 28 inches

3.2 Jaw depth should be at least 24 inches

3.3 Reach should be at least 10 feet and 2 inches

3.4 Must have a proprietary regeneration valve

3.5 Must have easy to replace piercing tip system

3.6 Must have heavy-duty designed pivot

3.7 Standard Manufacturer paint

3.8 360° continuous rotation

3.9 Protective Body and Jaw armor should be included and installed on Mobile Shear

3.10 Must have manufacturer data plate with serial number and model number

3.11 Operators Manual (x2)

3.12 Service Manual (x2)

3.13 Parts Manual (x2)

Mounting requirements and capabilities:

3.14 Boom Mounted

3.15 Shear attachment shall be capable of being mounted on: Volvo EC480

4. CLIN 0003, 1003, 2003, 3003 & 4003: DLA Disposition Services has a requirement for

GXP660r Mobile Shear attachment with Body and Jaw Armor. To be considered equal, equipment offered shall meet the following salient characteristics:

4.1 Jaw opening should be at least 32 inches

4.2 Jaw depth should be at least 32 inches

4.3 Reach should be at least 13 feet and 6 inches

4.4 Must have a proprietary regeneration valve

4.5 Must have easy to replace piercing tip system

4.6 Must have heavy-duty designed pivot

4.7 Standard Manufacturer paint

4.8 360° continuous rotation

4.9 Protective Body and Jaw armor should be included and installed on Mobile Shear

4.10 Must have manufacturer data plate with serial number and model number.

4.11 Operators Manual (x2)

4.12 Service Manual (x2)

4.13 Parts Manual (x2)

4.14 Boom Mounted

4.15 Shear attachment shall be capable of being mounted on: Volvo EC480

5. CLIN 0004, 1004, 2004, 3004 & 4004: DLA Disposition Services has a requirement for

GXP990r Mobile Shear attachment with Body and Jaw Armor. To be considered equal, equipment offered shall meet the following salient characteristics:

5.1 Jaw opening should be at least 35 inches

5.2 Jaw depth should be at least 35 inches

5.3 Reach should be at least 15 feet

5.4 Must have a proprietary regeneration valve

5.5 Must have easy to replace piercing tip system

5.6 Must have heavy-duty designed pivot

5.7 Standard Manufacturer paint

5.8 360° continuous rotation

5.9 Protective Body and Jaw armor should be included and installed on Mobile Shear

5.10 Must have manufacturer data plate with serial number and model number

Manuals - Hard Copy and Electronic:

5.11 Operators Manual (x2)

5.12 Service Manual (x2)

5.13 Parts Manual (x2)

5.14 Boom Mounted

5.15 Shear attachment shall be capable of being mounted on: Volvo EC480

6. Equipment Handoff:

In order for the contractor to successfully hand of the Shear and receive payment, the contractor shall be present for equipment delivery to fully unload and assemble machine prior to hand-off to the Government. The contractor shall conduct an inspection with Government personnel to verify that all CLINs are 100% accounted for prior to hand-off completion. The contractor shall complete and sign the provided DD250 with Government personnel and attach the completed form in WAWF prior to acceptance for payment. A picture of the data plate with serial number shall be attached to the invoice prior to Government acceptance.

7. Equipment Warranty:

This equipment shall come with the manufacturer’s standard equipment warranty. The warranty date shall begin on the date of hand-off completion

8. DELIVERY DESTINATIONS:

Thiefels, Michael P CIV DLA DISPOSITION SERVICES (US) Do you need training or not? I would stress whether training is a part of the requirement. If it is, then it should be a separate line item that they could also include as a package, I think. Let me know if I’m reading this wrong.

All equipment shall be delivered 90 days after receipt of order to the following location:

DLA Disposition Services/ESS Building 6917

3367 West Dickman Road Battle Creek, MI 49015

The contractor shall notify TBD at least 14 days prior to delivery of the machine to its destination to ensure site is prepared to accept the machine. The contractor shall use TBD as the official communication link for all delivery functions.

*** The contractor is to verify the shipping address and set up pre-installation meeting date, time, and location with the Site Manager.

9. Contractor furnished property and services

Unless, otherwise noted elsewhere as Government furnished, the contractor shall provide all labor and materials to perform all necessary assembly.

Contractor shall provide:

• Coordinate with site manager for use of municipal utilities and shelter as needed. The contractor to be prepared and provide necessary assets to complete assembly of equipment with little to no assistance from the site/end customer. Contractor shall plan accordingly and not anticipate using any material handling equipment (i.e. scissors lift or forklift) on-site.

10. Government furnished property and services The Government will be responsible for providing an area for the contractor to perform the assembly. Electrical power, water, and facilities that are necessary to perform the required tasks may not be available to the contractor. All hand tools, Material Handling Equipment (MHE), and other task specific equipment are to be provided by the contractor.

11. Delivery/performance timeframes All required work must be completed within 90 calendar days from date of order. The contractor must provide at least 14 calendar days advance notice to the Site POC before rendering assembly at the site(s)

The assembly to be performed under this contract will be performed during normal government working days, Monday through Friday, which are available from the CO/POC. If delivery is scheduled by the contractor to be performed on a regular federal holiday (see below), designated by Presidential proclamation, or DLA, Disposition Services Closure, rescheduling shall be at the discretion of the on-site Government POC.

New Year’s Day 1 January* mailto:Timothy.Zweng@DLA.mil

Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Independence Day 4 July* Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November* Thanksgiving Day 4th Thursday in November Christmas Day 25 December*

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

12. Acceptance/correction of work Performance under this contract shall be subject to the acceptance of the designated POC. If performance is found to be unsatisfactory and not in accordance with the requirements of this contract, the contractor shall correct unsatisfactory work as soon as possible but not later than within 90 calendar days of Government notification. Correction of work is performed at the contractor’s expense as per FAR 52.212-4.

13. Clean Up Premises Upon completion of the assembly, the contractor is required to clean up work space and remove and dispose of any parts or debris resulting from the contractor’s performance, with any associated costs included in existing CLIN prices.

14. Installation/Site access security requirements Installation/site access requirements vary for visitor badges and other access/security procedures for performing contractor services at the sites. The contractor is required to coordinate with the Government POC on the task order to obtain the necessary security/access procedures prior to commencing work at the site, and in such time as the performance timeframe for completion of the services is met. If coordination and/or access is delayed by the Government such that performance timeframes cannot be met, the contractor must submit, in writing, their proposed reasons, including any supporting evidence, prior to the original due date of the task order such that an extension can be granted, if appropriate.

15. Identification of Employees The contractor shall be responsible for furnishing to each of their employees’ identification as may be required by the installation where the services are performed. Contractor will require each of their employees engaged on the work site to display such identification as directed by the appropriate installation. All prescribed identification shall be delivered to the POC for cancellation upon the release of any employee.

16. Conduct of personnel on duty While on duty working in Government buildings and on Government property, personnel employed by the contractor shall be prohibited from sleeping, using Government telephones and utilizing Government facilities for recreational activities. Personal items in office areas, such as desk accessories, radios, supplies, pens, pencils, plants and food shall not be disturbed by the contractor’s employees at any time. Contractor’s employees are subject to Government standards of conduct including sexual harassment. Clothing, personal grooming, and personal cleanliness standards for Government working environment apply.

17. Standards of conduct All personnel employed by the contractor in the performance of this contract or any representative of the contractor entering DLA Disposition Services compound/facilities, shall obey all regulations of the installation and will be subject to surveillance to ensure that no violations occur. The contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and taking such disciplinary actions with respect to contractor employees as may be necessary. The contractor shall ensure that all personnel employed in the performance of this contract shall be United States citizens; or non-United States citizens who legally reside in the United States. No contractor employee will be permitted on DLA Disposition Services sites when investigation reveals employee’s presence would be detrimental to the security of the installation or to the accomplishment of the work prescribed.

The Government reserves the right to refuse to permit any contractor employee to perform services under this contract who is not in compliance with requirements of this contract (for example, employees not meeting stated minimum qualifications). In such cases, the CO/COR will advise the contractor of the reason for requesting an employee’s removal or withdrawal of authorization to enter DLA Disposition Services sites.

18. Disorderly conduct Disorderly conduct, such as use of abusive or offensive language, quarreling, intimidation by works or actions, or fighting will not be condoned. Contractor employees shall not participate in disruptive activities which interfere with normal and efficient Government operations.

19. Intoxicants The contractor shall not allow any employees, while on DLA Disposition Services sites to possess, sell, consume, or be under the influence of intoxicants, illicit drugs, or any other incapacitating agent which produces similar effects. The CO/POC shall require the contractor to remove from the job site, any contractor employee found under the influence of intoxicants, illicit drugs, or incapacitating agent during his tour of duty.

20. Criminal Actions Contractor employees shall be subject to prosecution for criminal actions. These shall include, but are not limited to, the following:

Falsification, unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omission from official documents or records.

Theft, vandalism, immoral conduct, or unauthorized use of Government property.

Unethical or improper use of official authority or credentials.

Misuse of weapons, including possession of weapons on the DLA Disposition Services Tucson premises.

Violations of State laws, such as traffic offenses, which have been assimilated and are enforced through the U.S. Magistrate Court System.

The contractor’s employees shall be on DLA Disposition Services Tucson premises only for contractual duties and not for other non-contractual purposes.

21. Personal Protective Equipment (PPE) The contractor shall be responsible for equipping their personnel with the proper PPE required to safely provide services required. PPE is defined as equipment and supplies to protect the human body, inside and out, from harm / injury / illness occurring in line with contracted services provided. PPE may include, but is not limited to: Goggles, ANSI approved Safety Toe Boots, Leather Gloves, Hearing Protection, Face Masks (dust).

FAR PART 12 CLAUSES

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (Oct 2018)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

Thiefels, Michael P CIV DLA DISPOSITION SERVICES (US) All of the below is written for a services contract and also it mentions a BPA, to include environment restriction. You’ll have to go back to the drawing board here and find PWS language for a supply contract.

(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:

[Contracting Officer check as appropriate.]

_x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_x__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

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

_x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

_x__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

_x__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

_x__ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

_x__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_x__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

_x__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

_x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

_x__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_x__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_x__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_x__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_x__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_x__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

_X__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(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:

[Contracting Officer check as appropriate.]

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

ADDENDA TO FAR PART 12 CLAUSES

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(OCT 2016)

DFAR 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016)

DFAR 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016)

52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 DAYS [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the contracting officer through end date of period of performance [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 300% of total for period of performance

(2) Any order for a combination of items in excess of 300% of total of period of performance.

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 -- Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after end date of period of performance.

52.217-5 -- Evaluation of Options (Jul 1990)

52.217-6 -- Option for Increased Quantity (Mar 1989)

252.232-7006 Wide Area Workflow Payment Instructions (May 2013)

(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.

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

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for s

(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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo (Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the Contracting Officer.

Acceptance: DLA Disposition Services Installation Operations – Equipment, Battle Creek, MI (DoDAAC: SC4400) (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(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 SP4510 Admin DoDAAC SP4510 Inspect By DoDAAC SC4400 Ship To Code SC4400 Ship From Code Mark For Code Service Approver (DoDAAC)

Service Acceptor (DoDAAC) Accept at Other DoDAAC SC4400 LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Timothy.Zweng@dla.mil (Acceptance DoDAAC: SC4400)

(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.

Karen.Lewis@dla.mil

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

(End of clause)

252.243-7002 Requests for EquitableAdjustment (Dec 2012)

252.244-7000 Subcontracts for Commercial Items (Jun 2013)

252.243-7001 Pricing of Contract Modifications (Dec 1991)

252.243-7002 Requests for Equitable Adjustment (Dec 2012)

252.244-7000 Subcontracts for Commercial Items (Jun 2013)

DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

DLA Disposition Services implemented EMS in accordance with ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition s9d4336 Insert in the PWS for all Service Contracts requiring performance on any DLA Disposition Services location including the Federal Center regardless of what Agency has the service requirement

Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in agency Environmental Management System (EMS) Core Instruction.

Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local Contracting Officer's Representative (COR) or contracting officer.

FAR PART 12 PROVISIONS

52.212-1 -- Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0018) (Oct 2018)

52.212-2 -- Evaluation -- Commercial Items. (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors (Low Price - Technically Acceptable). The following non-cost factors will be used to evaluate offers:

1. SALIENT CHARACTERISTICS

2. TIERED EVALUATION IAW PARAGRAPH 1 OF PWS.

FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (OCT 2018) the contractor shall ensure that it has completed the annual representations and certifications on SAM.gov.

ADDENDA TO FAR PART 12 PROVISIONS

52.211-6 -- Brand Name or Equal (Aug 1999)

52.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR). (DEC 2016)

L09 Reverse Auction (OCT 2016)

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting Officer does not conduct a reverse auction, award may be made on initial offers or following discussions. If the Contracting Officer decides to use online reverse auctioning to conduct price negotiations, the Contracting Officer will notify Offerors of this decision and the following applies:

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive the final offered prices from each offeror.

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions are different. All offerors and authorized auction users see the displayed lowest price(s). This disclosure is anonymous and a generic identifier displays for the offeror.

Generic identifiers include designators such as “offer A” or “lowest-priced offeror.” By submitting a proposal in response to the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the reverse auction.

(3) An offeror’s final auction price at the close of the reverse auction is considered its final price proposal revision. No price revisions will be accepted after the close of the reverse auction, unless the contracting officer decides that further discussions are needed and final price proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the contracting officer determines that it would be in the best interest of the Government to re-open the auction.

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be eligible for award and participate, the offeror must agree with terms and conditions of the entire solicitation and the commercial reverse auction service. The reverse auction pricing tool system administrator sends auction information in an email. The reverse auction system designates offers as "lead," meaning the current low price in that auction, or "not lead," meaning not the current low price in that auction. In the event of a tie offer, the reverse auction provider's system designates the first offer of that price as "lead" and the second or subsequent offer of that price as "not lead." If a tie offer is submitted and no evaluation factors other than price were identified in the solicitation or a low-price technically acceptable source selection is being used, the "Not Lead” offeror that submitted the tie offer must offer a changed price; otherwise its offer will be ineligible for award. If evaluation factors in addition to price were listed in the solicitation and a tradeoff source selection is being used, tie offers that are "Not Lead" will be considered and evaluated.

(5) Offerors unable to enter pricing through the commercial reverse auction service provider’s system during a reverse auction must notify the contracting officer or designated representative immediately. The contracting officer may, at their sole discretion, extend or re-open the reverse auction if the reason for the offeror’s inability to enter pricing is determined to be without fault on the part of the offeror and outside the offeror’s control.

(6) Training. The commercial reverse auction service provider or government representative conducts training for offerors. Offerors receive training through written material, the commercial reverse auction service provider’s website, or other means. Trainers name employees successfully completing the training as a “Trained Offeror.” Only trained offerors may engage in a reverse auction. The contracting officer reserves the right to remove the “trained offeror” title from anyone who fails to obey the solicitation or commercial reverse auction service provider terms and conditions.

FAR 52.225-6 Trade Agreements Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products

Line Item No. Country of Origin:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

52.225-18 – Place of Manufacture. (Aug 2018)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS:

Offeror Proposal Submission:

1. In order for the Government to evaluate offeror proposals, each offeror shall provide full specifications for their proposed mobile shear heads that will provide evidence that their proposed items fully meet the salient characteristics. Each offeror shall also provide a brochure for their proposed item. NOTE: A brochure must be less than 5 MB. If larger, it must be e-mailed in parts of not more than 5 MB each.

2. All proposals shall be e-mailed only, to ERIN.CLORE@DLA.MIL not later than 2:00 PM Eastern Time, Friday, 15 February 2019.

Attention: Offerors shall make note of FAR 52.212-1(f), concerning late submissions. The offeror bears the sole risk of non-receipt of any email transmissions, and shall ensure that all pages of the quote have been received by the designated office before the deadline indicated. E-mail submissions by 5:00 PM, Eastern Time, one business day prior to the due date and time are encouraged to reduce the possibility of server or other cyber-related delays that may render your response as ineligible for consideration.

3. Offerors shall provide their CAGE code and DUNS number with their quote

4. Offerors shall be responsible for assuring that their information located in FAR 52.212-3 (Offerors Representations and Certifications) shall be current in the System for Award Management (SAM) at the time of their quote submission. Failure to do so may make the offeror liable to denial of award.

mailto:ERIN.CLORE@DLA.MIL