SF30_SPE1C120R01020007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE1C1 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE1C120R0102

X

2020 MAY 20

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA TROOP SUPPORT

C AND T SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

5/31/2020

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 7 PAGES

CONTINUED ON NEXT PAGE

SPE1C120R0102 - 0007

Part 12 Clauses

Reference Solicitation SPE1C1-20-R-0102 and Amendment 0005 for the Surgical Mask, Offerors are cautioned to ensure they read the instructions for each of the three lots carefully and thoroughly. Offerors who submit under Lot 0001, and who are later determined to NOT be Berry Compliant will be ineligible for award. Their offer will NOT automatically move to Lot 0002 to consideration. In addition, offerors on Lot 0002 who are not compliant with the Buy American Act or their primary end item fabric production is NOT in the United States will not be eligible for award and their offer will not automatically move to Lot 0003 for consideration. NOTE: The Surgical Masks being acquired under this solicitation are considered to be an item of clothing for purposes of the Berry Amendment

Reference Solicitation SPE1C1-20-R-0102 for the Surgical Mask, please see below for clauses, provisions, and procurement notes that are REQUIRED to be filled out for EACH LOT the offeror is submitting a proposal. The lot structure under the subject solicitation has changed. Offerors that do not filled out the required clauses, provisions, and procurement notes may be ineligible for award.

SUPPLIES

Item: Mask, Surgical

FSC: 8415

NSN: To be determined; a NSN will be established and provided after award

Government Requirement:

Minimum Quantity: 20,000,000 each Estimated Quantity: 68,000,000 each Maximum Quantity: 140,000,000 each

The Government intends to make multiple awards to fulfill the above requirement with total delivery occurring within 90 days, to include a minimum quantity of 20,000,000 each and a maximum or not to exceed quantity of 140,000,000 each.

Please note that the minimum and maximum quantities are the total amounts to be awarded among all of the contracts awarded. The following award scenarios (lots) apply:

There are three different and distinct lots under the subject solicitation.

Lot 0001:

Lot 0001 is subject to the Berry Amendment and DFARS clause 252.225-7012 is applicable for the clothing and textiles items in FSC 8415. Although a Domestic Nonavailability Determination has been approved, it requires procurement of Berry Amendment compliant items in FSC 8415 to the extent available.

DLA Troop Support solicitations include Defense appropriations and authorization acts and other statutes (including what is commonly referred to as “The Berry Amendment”) which impose restrictions on the DoD's acquisition of foreign products and services. Generally, clothing and textile items (as defined in DFARS clause 252.225-7012), including the materials and components thereof (other than sensors, electronics, or other items added to, and not normally associated with clothing), must be grown, reprocessed, reused, melted or produced in the United States, its possessions or Puerto Rico, unless one of the DFARS 225.7002-2 exceptions applies.

In plain terms, ALL components down to the raw materials and fibers must be grown or produced in the United States, it possessions or Puerto Rico. For example, material that is woven in the United States may not be Berry Compliant. In order for that material to be Berry Compliant, the raw materials/fibers have to be grown or made in the United States or its possessions or Puerto Rico; the raw materials/fibers have to be spun in the United States or its possessions or Puerto Rico;

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 7 PAGES

SPE1C120R0102 - 0007

Part 12 Clauses (CONTINUED) the weaving and dying must also take place in the United States or its possessions or Puerto Rico; and finally all cutting and sewing must take place in the United States or its possessions or Puerto Rico

52.215-6 PLACE OF PERFORMANCE (OCT 1997) FAR

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks “i ntends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance

(Street Address, City, State, County, ZIP Code)

Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent

(End of Provision)

IDENTIFICATION OF SOURCES FOR ALL COMPONENTS FOR CLOTHING/TEXTILE ITEMS

(a) The offeror shall indicate below the names and addresses of those suppliers from whom each component will be obtained for use in the performance of any resultant contract. In addition, for each component, the offeror shall also identify the name of the item's manufacturer and the address of the manufacturing location. Failure to furnish this information with the offer may result in rejection of the offer.

(b) No change in the supplier(s) or manufacturer(s) listed below shall be permitted between the opening/closing date of the offer and the award, except where time permits and then only upon receipt of the Contracting Officer's written approval.

(c) Any change in the supplier(s) or manufacturer(s) listed below, and in any resultant contract, is prohibited unless it is specifically approved in advance by the Contracting Officer.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 7 PAGES

SPE1C120R0102 - 0007

Part 12 Clauses (CONTINUED)

Footnote:

1. THE DEPARMENT OF DEFENSE IS PROHIBITED BY THE PROVISIONS OF THE BERRY AMENDMENT FROM PROCURING ITEMS OF CLOTHING THAT HAVE NOT BEEN GROWN OR PRODUCED IN THE UNITED STATES OR ITS POSSESSIONS.

Section 833 of the National Defense Authorization Act for Fiscal Year 2006 Act added language to 10 U.S.C. 2533a (Berry Amendment) requiring that all articles or items of “clothing”, including the materials and components thereof, purchased by the Department of Defense be grown, reprocessed, reused, or produced in the United States, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof).

Lot 0002:

For Lot 0002. A Domestic Non-Availability Determination has been approved and the Berry Amendment is not applicable; this lot applies when offers under Lot 0001 provide for insufficient quantities available within the time required under Lot 0001. All offers are subject to the Buy American Act as implemented in DFARS 252.225-7000 and 252.225-7001, including those offers whose primary end item fabric is manufactured in the United States. The subject item is considered a COTS item.

Offerors must either meet the requirements of the Buy American Act and provide a domestic or qualifying country end product or provide an end item whose primary end item fabric is manufactured in the United States. Awards will be made in accordance with the following order of precedence:

1) Buy American Act compliant offers;

2) Offers of end items whose primary end item fabric is manufactured in the United States, regardless of country of end item manufacture, when Buy American Act compliant offers that are eligible for award following application of the Buy American price evaluation differential provide for insufficient quantities available within the time required.

52.215-6 PLACE OF PERFORMANCE (OCT 1997) FAR

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks “i ntends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance

(Street Address, City, State, County, ZIP Code)

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SPE1C120R0102 - 0007

Part 12 Clauses (CONTINUED)

Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014) DFARS

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program --Basic clause of this solicitation.

(b) Evaluation. The Government -

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program --Basic clause of this solicitation, the offeror certifies that -

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

Line Item Number Country of Origin (If known)

(End of provision)

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Part 12 Clauses (CONTINUED)

(a) The offeror shall indicate below the names and addresses of those suppliers from whom each component will be obtained for use in the performance of any resultant contract. In addition, for each component, the offeror shall also identify the name of the item's manufacturer and the address of the manufacturing location. Failure to furnish this information with the offer may result in rejection of the offer.

(b) No change in the supplier(s) or manufacturer(s) listed below shall be permitted between the opening/closing date of the offer and the award, except where time permits and then only upon receipt of the Contracting Officer's written approval.

(c) Any change in the supplier(s) or manufacturer(s) listed below, and in any resultant contract, is prohibited unless it is specifically approved in advance by the Contracting Officer.

Lot 0003:

For Lot 0003 a Domestic Non-Availability Determination has been approved and the Berry Amendment is not applicable. For this lot offers of end items that do not meet the Berry Amendment restrictions, the requirements of the Buy American Act for a domestic or qualifying end product, or do not propose end items whose primary end item fabric is manufactured in the United States, will be considered. This lot applies when offers eligible for award under Lots 0001 and 0002 provide for insufficient quantities within the time required.

52.215-6 PLACE OF PERFORMANCE (OCT 1997) FAR

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks “i ntends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance

(Street Address, City, State, County, ZIP Code)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 7 PAGES

Part 12 Clauses (CONTINUED)

Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent

(a) The offeror shall indicate below the names and addresses of those suppliers from whom each component will be obtained for use in the performance of any resultant contract. In addition, for each component, the offeror shall also identify the name of the item's manufacturer and the address of the manufacturing location. Failure to furnish this information with the offer may result in rejection of the offer.

(b) No change in the supplier(s) or manufacturer(s) listed below shall be permitted between the opening/closing date of the offer and the award, except where time permits and then only upon receipt of the Contracting Officer's written approval.

(c) Any change in the supplier(s) or manufacturer(s) listed below, and in any resultant contract, is prohibited unless it is specifically approved in advance by the Contracting Officer.

CAUTION NOTICES:

Please note that the Surgical Mask being acquired under this solicitation are considered to be an item of clothing for purposes of the Berry Amendment.