SP7000-21-Q-1036.pdf
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- Solicitation number
- SP7000-21-Q-1036
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SP7000-21-Q-1036
1. ISSUING OFFICE: DLA Contracting Services Office (DCSO), 5450 J Ave, New Cumberland, PA 17070
2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart Federal
Acquisition Regulations (FAR) 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the solicitation number is SP7000-21-Q-1036.
3. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-05 effective
10 March 2021, Defense Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice (DPN)
20210244 edition effective 24 February 2021, and Defense Logistics Acquisition Directive (DLAD) PROCLTR 2021-
10 effective 04 May 2021.
The complete text of any of the clauses and provisions are available electronically from the following sites:
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
4. The RFQ is being issued to establish a firm-fixed price (FFP) type contract for leasing Multi-Functional Devices (MFDs). All responsible sources may submit quotations which shall be considered by the agency.
5. DESCRIPTION OF REQUIREMENT: DLA seeks to enter into a contract for up to 60-month lease of 5 Multi-Functional
Devices (MFDs) in Germany with services and equipment, accessories and copier machines (hereafter collectively referred to as devices) including installation and removal, full-service maintenance, all consumable supplies (excluding paper), key operator training, reports, relocations, network functionality, and network security. Provide networked equipment that will be tested to operate Outside the Continental United States (OCONUS) DoD RMF and STIG for the "Printer, Scanner and Fax" functions. This equipment must be tested to operate on the DoD RMF and STIG network prior to the delivery of devices. The estimated time for testing is twenty (20) business days. Testing and approval shall be performed by the DLA Information Operations EMS Division in conjunction with the Contractor’s assistance. See Attachment 1 – Performance Work Statement (PWS) for requirement details.
The Contracting Officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for
CLIN 0001, not to exceed 20 percent over the first 24 months of the contract. See Attachment 6 - 20 Percent Quantity Increase
Chart.
6. ATTACHMENTS:
Attachment 1 – Performance Work Statement (PWS)
Attachment 2 – Delivery Schedule
Attachment 3 – CLIN Structure
Attachment 4 – Performance Work Statement Compliance Form
Attachment 5 – Full Text Provisions (Offeror Completion Required)
Attachment 6 – 20% Quantity Increase Chart
Attachment 7 – Question and Comment Form
Attachment 8 – Submission Checklist (For Reference)
7. The Government intends to award one contract as a result of this solicitation. Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449.
8. This is not a Defense Priorities and Allocations System (DPAS) requirement.
9. This RFQ is being solicited on an Unrestricted basis. The North American Industry Classification System (NAICS) code for this acquisition is 532420. The small business size standard is $35,000,000.00. The Product Service Code (PSC) for this acquisition is W074.
http://www.acquisition.gov/browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx
10. PERIOD OF PERFORMANCE:
Base Period: 12/01/21 – 09/30/22, 10 Months
Option Period 1: 10/01/22 - 09/30/23, 12 Months
Option Period 2: 10/01/23 - 09/30/24, 12 Months
Option Period 3: 10/01/24 - 09/30/25, 12 Months
Option Period 4: 10/01/25 - 09/30/26, 12 Months
Option Period 5: 10/01/26 - 11/30/26, 02 Months
11. SYSTEM FOR AWARD MANAGEMENT: In accordance with FAR 52.204-7 System for Award Management (OCT 2018), (b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer.
The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. Please reference the clause for more information.
12. 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: _________________________________
CAGE Code: _________________________________
Contractor POC: _________________________________
Telephone: _________________________________
Email: _________________________________
13. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Are WorkFlow (WAWF). Reference
DFARS Clause 252.232-7003 and DFARS 252.232-7006 of the RFQ.
14. PACKING AND MARKING REQUIREMENTS: All products shall be packaged best commercial practice in accordance with ASTM 3951. All shipments must contain proper shipping documentation. Contractor shall attach, in a water-resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and document number for the item, stock number, quantity, and unit of issue. Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.
15. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE: The 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 and could result in the return of merchandise at contractor’s expense.
16. PLACE OF PERFORMANCE: Germany
17. Offers must be submitted for contract line item (CLIN) 0001 to be evaluated for a single contract award. Offers that do not quote on or cannot perform line item 0001 shall not be considered. Please refer to Attachment 3 - CLIN Structure.
Interested contractors shall follow the instructions below at Addenda to FAR 52.212-1 to complete the total price for each CLIN and total yearly price in Attachment 3 - CLIN Structure.
18. This contract will include FAR Clause 52.217-8 Option to Extend Services. In the event this clause is required, the prices agreed upon in the contract award will remain the same for the extension period without negotiation.
19. QUESTIONS: Questions shall be submitted in writing via e-mail to: angeline.graff@dla.mil. The suspense for question submission shall be no later than 10:00 AM Eastern Time, 7 June 2021. Offerors must submit any questions regarding this http://www.sam.gov/ mailto:%20angeline.graff@dla.mil.
solicitation in writing to the Contract Specialist. Questions must be received by the Contract Specialist in adequate time to allow a written response prior to the quote due date. See Attachment 7 - Question and Comment Form. No remarks or written responses to questions by Government personnel shall change or qualify any of the terms or conditions of this RFQ. The solicitation can only be changed by a formal written amendment issued by the DLA.
20. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies and material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.
CLAUSES AND PROVISIONS
FAR 52.252-2 – Clause 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
(End of Clause)
FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (OCT 2018) applies to this acquisition.
Addenda to FAR 52.212-4 Contract Terms and Conditions—Commercial Items (OCT 2018):
APPLICABLE CLAUSES INCORPORATED BY REFERENCE:
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
FAR 52.204-2 Security Requirements
FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
FAR 52.204-9 Personal Identity Verification of Contractor Personnel
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-18 Commercial and Government Entity Code Maintenance
FAR 52.204-19 Incorporation by Reference of Representations and Certifications
FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
FAR 52.222-29 Notification of Visa Denial
FAR 52.232-1 Payments
FAR 52.232-8 Discounts for Prompt Payment
FAR 52.232-11 Extras
FAR 52.232-18 Availability of Funds
FAR 52.232-39 Unenforceability of Unauthorized Obligations
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
FAR 52.247-34 F.O.B. Destination
FAR 52.253-1 Computer Generated Forms
DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials
DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights
DFARS 252.204-7003 Control of Government Personnel Work Product
DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors
DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DFARS 252.211-7003 Item Unique Identification and Valuation
DFARS 252.223-7008 Prohibition of Hexavalent Chromium https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/
DFARS 252.225-7002 Qualifying Country Sources as Subcontractors
DFARS 252.225-7013 Duty-Free Entry
DFARS 252.225-7033 Waiver of Unity Kingdom Levies
DFARS 252.225-7041 Correspondence in English
DFARS 252.225-7043 Antiterrorism/force protection policy for defense contractors outside the United States
DFARS 252.225-7048 Export Controlled Items
DFARS 252.225-7995 Contractor Personnel Performing In The United States Central Command Area of Responsibility (Deviation 2011-O0004)
DFARS 252.229-7000 Invoices Exclusive of Taxes or Duties
DFARS 252.229-7001 Tax Relief – Alternate I
DFARS 252.229-7006 Value Added Tax Exclusion Value (United Kingdom)
DFARS 252.229-7011 Reporting of Foreign Taxes – U.S. Assistance Programs
DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7008 Assignment of Claims (Overseas)
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.233-7001 Choice of Law (Overseas)
DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
DFARS 252.239-7016 Telecommunication Security Equipment, Devices, Techniques, and Services
DFARS 252.239-7018 Supply Chain Risk (Feb 2019)
DFARS 252.243-7001 Pricing of Contract Modifications
DFARS 252.244-7000 Subcontracts for Commercial Items
DFARS 252.247-7023 Transportation of Supplies by Sea
CLAUSES INCORPORATED BY FULL TEXT:
FAR 52.217-6 Option for Increased Quantity (Mar 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of Clause)
FAR 52.217-8 --Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting
Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 5; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 Months.
(End of Clause)
DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow
(WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment
Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic
Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based
Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or
File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(B) 2-N-1 Invoice and Inspection and Acceptance is FOB Destination
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(C) 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.
http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC SL4701
Issue By DoDAAC SP7000
Admin DoDAAC** SP7000
Inspect By DoDAAC
Ship To Code SA7031
Ship From Code
Mark For Code
Service Approver (DoDAAC) SA7031
Service Acceptor (DoDAAC) SA7031
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See
Schedule” or “Not applicable.”)
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
disa.ogden.esd.mbx.cscassig@mail.mil or Paul Beran at email: Paul.Beran@dla.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (JAN 2021)
(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).
mailto:disa.ogden.esd.mbx.cscassig@mail.mil
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(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.]
(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate
I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402)
(2) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)
(3) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
X (4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)
(Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) Reserved
(6) 52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C. 6101 note).
(9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) (41 U.S.C. 2313).
(10) Reserved
(11) (i) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.
657a)
(ii) Alternate 1 (MAR 2020) of 52.219-3
(12) (i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(MAR 2020 (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
(ii) Alternate I (MAR 2020) of 52.219-4
(13) Reserved
(14) (i) 52.219-6 Notice Of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
(ii) Alternate I (MAR 2020).
(15) (i) 52.219-7 Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
(ii) Alternate I (NOV 2020) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8 Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
(17) (i) 52.219-9 Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9
(iii) Alternate II (Nov 2016) of 52.219-9
(iv) Alternate III (JUN 2020) of 52.219-9
(v) Alternate IV ((JUN 2020) of 52.219-9.
(18) 52.219-13 Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
(ii)Alternate I (MAR 2020) of 52.219-13
(19) 52.219-14 Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
(20) 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)
(15 U.S.C. 657f).
(22) 52.219-28 (i)Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C.
632(a)(2)).
(ii) Alternate (MAR 2020) of 52.219-28
(23) 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).
(24) 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (MAR
2020) (15 U.S.C. 637(m)).
(25) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.
644(r)).
(26) 52.219-33 Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
(27) 52.222-3 Convict Labor (JAN 2020) (E.O. 11755).
X (28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O.
13126).
X (29) 52.222-21 Prohibition of Segregated Facilities (Apr 2015). To
X (30) (i) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246).
X
(ii) Alternate I (Feb 1999) of 52.222-26.
(31) (i) 52.222-35 Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ii) Alternate I (July 2014) of 52.222-35.
(32) (i) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(ii) Alternate I (July 2014) of 52.222-36.
(33) 52.222-37 Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(34) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
X (35) (i) 52.222-50 Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.
13627).
X
(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627
(36) 52.222-54 Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(37) (i) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(38) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).
(39) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
X (40) (i) 52.223-13 Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
(ii) Alternate I (Oct 2015) of 52.223-13.
(41) 52.223-14 Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and
13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
X (42) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
(43) (i) 52.223-16 Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
X (44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 2020)
(E.O. 13513).
(45) 52.223-20 Aerosols (Jun 2016) (E.O. 13693).
(46) 52.223-21 Foams (Jun 2016) (E.O. 13696).
(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(48) 52.225-1 Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).
(49) (i) 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19
U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
(ii) Alternate I (JAN 2021) of 52.225-3.
(iii) Alternate II (JAN 2021) of 52.225-3.
(iv) Alternate III (JAN 2021) of 52.225-3.
(50) 52.225-5 Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 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).
(52) 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).
(53) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(54) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(42 U.S.C. 5150).
(55) 52.229-12 Tax on Certain Foreign Procurements (Feb 2021).
(56) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
(57) 52.232-30 Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
X (58) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)
(31 U.S.C. 3332).
(59) 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
(60) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).
X (61) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(62) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
X (63) (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.] x (1) 52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
x (2) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
(4) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(5) 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).
(6) 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).
(7) 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).
(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(10) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42
U.S.C. 1792).
(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, as defined in FAR 2.101, on the date of award of this contract, 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) of this paragraph 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 (JUN 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG
2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(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 (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (OCT 2020) (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 and 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 (NOV 2020).
(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 (JUN 2020) (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.
(End of clause)
DLAD H11 - SECTION 508 REQUIREMENTS (JUN 2020)
Contractors shall comply with the Section 508 Accessibility requirements in this contract and the current version of the Voluntary
Product Accessible Template (VPAT) at VPAT® - Information Technology Industry Council (ITIC)
(https://www.itic.org/policy/accessibility/vpat) as stated in their proposal, for the duration of contract performance.
DLAD L29 - SECTION 508 REQUIREMENTS (JUL 2019)
Offerors shall comply with the Section 508 accessibility requirements. By submission of its offer, the offeror affirms that its
Electronic Information Technology (EIT) supplies and services are accessible as outlined in the law, the standard, and FAR Subpart
39.2. Offerors shall complete the Voluntary Product Accessible Template (VPAT) Version 2.3 document in the solicitation. If applicable, offerors shall indicate where their Section 508 EIT compliance information is available for review (e.g. offeror’s website or other location the Contracting Officer can access). The Contracting Officer may require a demonstration of Section 508 compliance prior to award.
52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR- https://www.acquisition.gov/browsefar)
(End of Provision) https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/
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 52.204-8 Compliance with Safeguarding Covered Defense Information Controls
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 Alternative 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 52.217-5 Evaluation of Options
FAR 52.222-22 Previous contracts and compliance reports
FAR 52.222-25 Affirmative action compliance
FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation
FAR 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications
DFARS 252.203-7005 Representation relating to compensation of former DOD officials
DFARS 252.204-7008 Compliance with safeguarding covered defense information controls
DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec
DFARS 252.225-7032 Waiver of United Kingdom Levies – Evaluation of offers
DFARS 252.239-7017 Notice of Supply Chain Risk
DFARS 252.247-7022 Representation of Extent of Transportation by Sea
DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Deviation
2020-O0005)
Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (OCT 2018)
Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:
(c) Period of acceptance of offers. The offeror agrees to hold prices in its offer firm for 60 calendar days from the date specified for receipt of offers.
The following paragraphs under referenced provision 52.212-1 are hereby deleted:
(d) Product samples;
(e) Multiple Offers; and
(h) Multiple Awards
INSTRUCTIONS TO OFFERORS
This acquisition is solicited in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified
Acquisition Procedures.
QUOTE SUBMISSION INSTRUCTIONS:
1. All quotes must be received electronically via email at angeline.graff@dla.mil by 10:00 AM Eastern Time on 29 June 2021 to be considered for award. Facsimile and hard copy submissions of quotes will not be accepted. Additionally, only one quote per vendor will be accepted.
2. ORGANIZATION/NUMBER OF COPIES: The Offeror shall prepare the quote in the English language as set forth in the Quote Organization Table below. The titles and contents for each volume are defined below. Quote shall be submitted as three separate Files (electronic files) as follows:
mailto:angeline.graff@dla.mil
A. File I Price Quote (Electronic File):
1. Quote with all required fill-ins completed, including:
a. Solicitation number
b. Company CAGE code
c. Company name
d. Company Mailing address
e. Company POC’s name
f. POC Job Title
g. POC Telephone number
h. POC e-mail address
2. Completed Attachment 3 with prices. Prices must be rounded to two decimal points.
3. Vendor must provide MFD manufacturer and model number per clin.
4. Completed certifications and representations located at FAR 52.212-3 of the RFQ Attachment 5 – Full Text
Provisions. Vendor must complete and return this document or the offer may be considered non-responsive and not further considered for award.
5. Signed Standard Form 30, Amendment of Solicitation/Modification of Contract for all amendments, if applicable.
B. File II: Technical Capability (Electronic File):
1. Vendors shall provide specifications for the MFD model number submitted.
2. Vendors shall provide the Supply Chain Risk Management Documentation required IAW the PWS (Attachment 1).
3. Vendors shall comply with the Section 508 accessibility requirements and submit Voluntary Product Accessible Template
(VPAT) with its quote (Located in Attachment 1 – Performance Work Statement at Appendix 5). NOTE: This document is not included in the technical evaluation.
C. File III: Past Performance (Electronic File):
1. The Offeror shall describe its background, knowledge and experience related to performance IAW the PWS. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in the PWS. Past performance information is used in determining the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, relevant contracts.
2. The Offeror shall submit past or current contracts (including Federal, State, Local Government, and private sector) performed within the past 5 years that are similar in scope and complexity to the requirement described in this solicitation.
If an Offeror or its subcontractor determines they have no past performance data, they shall provide the following statement in lieu of the information requested below: “(Insert Offeror or subcontractor’s name) has determined that they possess no past performance information in accordance with the solicitation.”
3. The Offeror may submit up to five (5) references for work performed that is relevant and similar in scope to this requirement. If references are submitted, Offeror must include the following information for each reference:
a. Name
b. Telephone number
c. Email address
d. A brief description of the work performed
4. The Government shall only consider relevant past performance data.
Addenda FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government intends to award one contract to the responsive, award will be made to the lowest price that meets all the other requirements of the solicitation.
Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made on all or none basis.
Award will be made to the acceptable offeror with the lowest evaluated price, which is deemed responsible in accordance with the Federal Acquisition Regulations (FAR), DFARS and DLAD, and which has submitted a quote conforming to the solicitation requirements. The requirements include all stated terms, conditions, completion of representations and certifications, and all other requirements of this solicitation. The initial offer should contain the offeror’s best terms from a cost and technical standpoint.
Contractors are reminded that a Request for Quotation is not a request for proposal and that a quote is not an offer that the
Government accepts or awards. This competition is not being conducted using FAR Part 15 procedures.
The award decision process is being conducted under FAR Part 12 and FAR Part 13, wherein the Contracting Officer is permitted to engage in communications with individual contractors that do not rise to the level of “discussion” or “negotiations” as understood in FAR Part 15, evaluations of proposals.
The Government reserves the right to evaluate quotes and may seek to make an award without asking for revised quotes or entering substantive discussions. Accordingly, contractors are encouraged to provide their most realistic and competitive terms with their initial quotes.
If the Contracting Officer does determine it is in the Government’s best interest to conduct communications with offerors, and a contractor is given an opportunity to correct any clerical errors and/or obvious mistakes in a quote, and after correction the quote is still determined to be unacceptable, such determinations will be cause for rejection of the quote. No offeror will be given an unlimited amount of opportunities for correction of a quote. The Government reserves the right to make a final determination whether a quote is acceptable or unacceptable solely on the basis of the information submitted and proceed without requesting additional information.
EVALUATION FACTORS
FACTOR 1: TECHNICAL CAPABILITY
FACTOR 2: PAST PERFORMANCE
FACTOR 3: PRICE
FACTOR 1: TECHNICAL CAPABILITY
1) The Offeror’s proposal will be evaluated, to determine if the Offeror has demonstrated it can comply with the requirements of
Attachment 1 – Performance Work Statement.
2) A quote will be deemed “acceptable” if:
a. The offeror clearly demonstrates it can comply with all requirements of the Performance Work Statement.
b. The offeror provides specifications for the MFD model number submitted.
c. The offeror provides a COMPLETED Supply Chain Risk Management Documentation (Attachment 4) required IAW the PWS
(Attachment 1).
3) A quote deemed “unacceptable” in this factor will not be considered for award.
FACTOR 2: PAST PERFORMANCE
1. Each proposal will be evaluated to the extent to which the Offeror has demonstrated an ability and willingness to perform:
a. A quality product or service (i.e. the conformance to contract requirements, specifications, and standards of good workmanship);
b. Timeliness of the contract with regard to completion of contract, task orders, milestones, delivery schedules and administrative requirements (e.g., effort that contributes to or affects the schedule variance);
c. Acceptable cost control with regard to the Offeror’s effectiveness in forecasting, managing, and controlling contract cost;
d. Good business relationships with regard to the timeliness, completeness and quality of problem identification and resolution, Offeror’s history of reasonable and cooperative behavior, customer satisfaction, timely award and management of subcontracts, and whether the contractor met their small/small disadvantaged and women owned business participation goals; and
e. Management of personnel with regard to demonstration of a commitment to the management of personnel with regard to the
Offeror’s performance in selecting, retaining, supporting, and replacing when necessary, personnel.
2. To be considered relevant, the Offeror must demonstrate past execution of similar contracts in terms of complexity, technology, magnitude of effort, schedule, and scope. Additionally, the performance must have occurred during the last five (5) years.
Offerors shall be evaluated on an Acceptable/Unacceptable basis. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR
15.305(a)(2)(iv), Past Performance Evaluation). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”. Should the Government discover adverse past performance information to which the Offeror had not had a prior opportunity to respond, the Contracting Officer will conduct communications if deemed appropriate.
FACTOR 3: PRICE
Technically acceptable quotes found to have an acceptable record of past performance will be evaluated for the lowest price.
The price offered by the Contractor will be evaluated for fairness and reasonableness utilizing price analysis techniques. If additional information is required, the Government may require a breakdown of the price offered.
Award will be based on the lowest priced quote that meets or exceeds the acceptability standards for the non-cost factors.
Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Evaluation of options shall not obligate the Government to exercise the option(s).
A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for…
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