SF1449_SPE1C121R0100.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000130054

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE1C1-21-R-0100

5. SOLICITATION NUMBER

2021 SEP 22

6. SOLICITATION ISSUE

DATE

Kimberly Brown PHPHGA3

a. NAME

Phone: 215-737-0610

b. TELEPHONE NUMBER (No Collect calls)

2021 OCT 26

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE1C1

DLA TROOP SUPPORT

C AND T SUPPLY CHAIN

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

10. THIS ACQUISITION IS 100UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

332999NAICS:

500SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 56 PAGES

SPE1C1-21-R-0100

Continuation of Blocks from SF 1449

1. Block 8:

Offer Due Date/Local Time: OCTOBER 26, 2021 3:00PM LOCAL TIME

2. Block 9:

Offerors shall submit proposals via email to:

Kimberly Brown EMAIL: Kimberly.Brown@dla.mil

Offerors may also wish to request the assistance of their local Procurement Technical Assistance Centers (PTACs). The attached link can be used to help find your local PTAC office and provides useful information for those unfamiliar with Government acquisitions. https://www.sba.gov/offices/headquarters/ogc/resources/362381

It is the offeror's responsibility to ensure their offer is submitted on time AND FOLLOWING THE INSTRUCTIONS IN THE

ADDENDUM TO 52.212-1 - INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS.

Due to the current and ongoing fluid situation evolving around the COVID-19 pandemic, facsimile offers are not authorized for this solicitation. In addition, submission of proposals through the DIBBS website is NOT authorized for this solicitation. It is the responsibility of the Offeror to submit offers as specified in FAR 52.214-5 - SUBMISSION OF BIDS or FAR 52.215-1 - INSTRUCTIONS TO THE OFFERORS - COMPETITIVE ACQUISITION.

3. Block 17a Offeror’s assigned Data Universal Numbering System (DUNS) Number:___________ Offeror’s assigned Contractor and Government Entity (CAGE) Code:_____________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Continuation of Blocks 19-24:

**See attachment to solicitation**

AUTHORIZED NEGOTIATORS

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

SOLICITATION REMARKS

• The Government intends to award a single Indefinite Delivery, Indefinite Quantity (IDIQ) type contract from this solicitation with a one-year base period and four (4) one-year option periods. Delivery orders will be placed against the basic contract via separate Form DD 1155.

• Annual Estimated Quantity (AEQ) refers to the Government’s good faith estimate of the requirements for each item during a specified contract term.

• Minimum Dollar Value per term: The Government is only obligated to procure the guaranteed minimum by the end of each contract term, which will be equal to the dollar amount of the first delivery order issued under each contract term.

There are no guarantees on the number of delivery orders which may occur during each contract term. Also, there will be no limit on the number of orders that may be issued during each contract term.

• Maximum Contract Limitation (not to be exceeded): The contract, inclusive of the base term and all four (1-year) option terms, will be for a maximum dollar value of $1,820,000.00.

• Option Terms: Offerors are required to submit offers on the base period and ALL 4 option periods. Acceptance of the option provisions contained herein is mandatory (see Clause 52.217-9 and 52.217-5). Exercise of the option term(s) is at the sole discretion of the Government. Failure to offer on the base and all options will result in rejection of the entire offer.

• All prices are to be entered on the chart above.

• ALL OR NONE (INVITATION FOR BID (IFB)/REQUEST FOR PROPOSAL (RFP) ONLY)

(a) With respect to each item or group of items identified above, offers must be submitted for all items indicated. No award will be made for less than the full requirements shown in this solicitation for these items.

(b) If this is an IFB, any offeror offering less than all of the solicitation requirements of the indicated item or group of items will be non-responsive.

(c) If this is an RFP, any offeror offering less than all of the solicitation requirements of the indicated item or group of items may be precluded from consideration for award if the Contracting Officer elects to make an award without opening discussions.

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(d) Offerors are cautioned that submission of an offer for selected item(s) within a given group is unacceptable;

offers must be for all item(s) within a given group. However, an offeror may submit an offer on any one or more groups.

• INSPECTION AND ACCEPTANCE: DESTINATION

• FOB DESTINATION: PRICES ARE TO BE BASED ON F.O.B. DESTINATION BASIS ONLY.

• DELIVERY: 14 DAYS AFTER ISSUANCE OF DD1155

**The solicitation covers Customer Direct requirements. Actual ship-to locations may vary and will be provided on each individual delivery order.

• Best Value Source Selection: This acquisition is utilizing the Lowest Price Technically Acceptable (LPTA) Best Value Method, FAR 15.101-2. As such, no “trade-off” applies and the Government intends to award to the lowest priced offeror who is deemed “TECHNICALLY ACCEPTABLE.” Technical acceptability is being defined herein as agreement to the delivery schedule, submission of photograph(s) for item specified in clause 52.212-2, satisfactory overall SPRS score, and compliance with the terms and conditions of the solicitation. “TECHNICALLY UNACCEPTABLE” is defined as inability to meet delivery requirements, failure to submit photograph(s) for item specified in clause 52.212-2, unsatisfactory SPRS score, and inability to comply with the terms and conditions of the solicitation.

From among the technically acceptable firms, the Government will then select the lowest price offeror (total price for base and all 4 option periods) and determine if that firm is responsible, complies with the terms and conditions of the solicitation, and an award to that firm is in the best interests of the Government. If the firm fits these criteria, award will be made to them. If not, the Government will review each subsequent technically acceptable low-priced offer until one is identified that does meet the criteria, in which case award will be made to that firm.

The Government reserves the right to conduct negotiations with a competitive range group of offerors from among the technically acceptable firms, based on price and SPRS score. If negotiations are conducted, award will be made to the low-priced offeror (based on final proposal revision closing, date/time) that is technically acceptable, responsible, and compliant with solicitation terms and conditions.

Pursuant to FAR 52.212-1, the Government intends to make an award without conducting discussions. However, the Government reserves the right to conduct discussions if later determined to be necessary. In the event the Government determines to conduct discussions and permits offerors the opportunity to address deficiencies in their proposals, such discussions, and requests for revisions and/or the submission of additional information will be conducted expeditiously, and offerors will only be permitted a short period of time to address any noted deficiencies in their proposals and provide any missing information or documentation during discussions. The closing of any discussions will not be held up for any pending or incomplete proposal submissions. Offerors who have failed to address noted deficiencies in their proposals and/or failed to provide all required information at the time of closing of discussions (Request for Final Proposal Revisions) will be determined to be non-compliant and ineligible for award.

• PAST PERFORMANCE INFORMATION (Supplier Performance Risk System - SPRS). SPRS (formally known as the Past Performance Information Retrieval System - PPIRS) is the Department of Defense's single, authorized application to retrieve suppliers' performance information. SPRS is web-enabled enterprise application that gathers, processes, and displays data about the performance of suppliers. The Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 213.1 requires contracting officers to consider this data for supply contracts valued at less than or equal to $1 million.

SPRS compiles supplier's past performance data in areas of product delivery and quality to determine risks and creates a Supplier Risk Score used by procurement specialists. The quality and delivery classifications identified for a supplier in SPRS will be used by the contracting officer to evaluate a supplier's past performance in conjunction with the supplier's references (if requested) and other provisions of the solicitation under the past performance evaluation factor.

It is imperative that vendors validate their performance data in SPRS. Vendors must register at the SPRS website https://www.sprs.csd.disa.mil/access.htm for access to view their past performance scores and negative delivery and quality records affecting the scores. The SPRS User's Manual provides information concerning vendor scoring, negative & positive performance data utilized to calculate vendor scores, and the process in which to challenge discrepant performance data. The SPRS User's Manual may be found at http://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.

pdf Questions concerning SPRS may be directed to the SPRS Customer Support Desk at (207) 438-1690.

• Period for acceptance of offers: If this offer is accepted within 60 calendar days from the date for receipt of offers specified above, signee agrees to furnish any or all items upon which prices are offered, delivered to the designated points, within the time specified in the schedule.

• Offerors shall mark each page of their proposals with “Source Selection Information - See FAR 2.101 & 3.104.”

• Successful offerors shall be required to utilize VIM-ASAP for invoicing.

• Pursuant to FAR clause 52.222-54 in this solicitation, vendors are required to enroll in the E-Verify program within thirty days after the date of a contract award and comply with all terms of the clause. In addition, vendors are required to provide evidence of their enrollment in the E-verify program to the contracting officer within 30 days after the date of a contract award.

• The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems: Central Contractor Registry (CCR), Federal Agency Registration (Fedreg), Online Representations and Certifications Application, and Excluded Parties List System (EPLS). All Contractors must register on the SAM website: https://www.sam.gov/portal/public/SAM/ to be considered for award. Offerors that have registered in SAM but have not received their CAGE codes may submit an offer under the subject solicitation; however, offerors are cautioned that in order to be eligible for award they must have a CAGE code and be registered in SAM. DLA

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Troop Support will not hold up award decisions pending CAGE code establishment and registration in SAM. It is the offeror's responsibility to notify Kimberly.Brown@dla.mil once a cage code is obtained prior to award decision.

CAUTION NOTICE

NOTE: 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). Preference for Certain Domestic Commodities Offerors are cautioned that all components must be of domestic origin in compliance with clause 252.225-7012, Preference for Certain Domestic Commodities (DEC 2017).

With regard to your offer under this solicitation, and any amendments thereto, the offeror shall confirm, in writing, compliance with the following:

Section 833 of the National Defense Authorization Act for Fiscal Year 2006 added language to 10 U.S. C. 2533a, 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 sensor, electronics or other items added to, and not normally associated with, clothing (and the materials and components thereof).

Very Important: The vendor must certify their agreement to these terms and conditions of the solicitation by signing and dating page one (1) of form SF1449:

Section 833 – National Defense Authorization Act Certification I, (name)____ do hereby certify by signature below that all articles or items of “clothing”, including the materials and components thereof, being offered for sale to the Department of Defense have been grown, reprocessed, reused, or produced in the United States, other than sensor, electronics or other items added to, and not normally associated with, clothing (and the materials and components thereof).

_________________________________ (signature)

CONTRACTOR CODE OF BUSINESS ETHICS

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C.

3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

ELECTRONIC INVOICING AND ADVANCED SHIPMENT NOTIFICATIONS (ASN)

The Directorate of Clothing and Textiles (C&T) requires electronic invoicing on all contracts unless another method is mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

Utilization of Wide Area Workflow - Receipts and Acceptance (WAWF-RA) in conjunction with DFARS 252.232-7003, ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS.

The Directorate of Clothing and Textiles utilizes VIM-ASAP, which is short for DLA Virtual Item Manager ARN Supply- Chain Automated Processing, to transmit data to WAWF-RA. VIM-ASAP is the only authorized method to electronically process requests for payment to WAWF-RA for the Directorate of Clothing and Textiles. VIM-ASAP will give you visibility of contract information, track production status and print labels. VIM-ASAP pre-populates contract data on your invoices, such as unit price, contract numbers, item numbers, addresses, and many other fields that will save you labor and time.

Please contact the VIM-ASAP help desk at 888-940-7348 to get started today!

For questions about invoice preparation, just call the DFAS Customer Service Resource Center at 1-800-756-4571, or Check out these resources:

http://www.dfas.mil/contractorsvendors.html ...under the "Contractor/Vendor Pay" link.

http://www.dfas.mil/ecommerce/wawf/info.html... information regarding bill paying process and how to use Wide Area

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Workflow http://www.dfas.mil/ecommerce/myInvoice/gettingstarted.html myInvoice is an interactive web application developed specifically for contractors/vendors and government/military employees to obtain invoice status. It is available 24/7.

CAUTION NOTICE

PATIENT PROTECTION AND AFFORDABLE HEALTH CARE ACT

Please note that the Patient Protection and Affordable Health Care Act ("the Act"), 124 Stat. 119, imposes duties upon employers concerning the provision of health care to their employees. Health insurance costs, including any costs associated with compliance with changes in the applicable law, are the sole responsibility of the offeror. Offerors are advised that their proposals should include any costs associated with the implementation of the Act. Any changes in health coverage costs and/or costs associated with compliance, occurring after award of a contract pursuant to this solicitation will not form the basis for an equitable adjustment of the contract price.

CAUTION NOTICE - CHANGE TO VIM

Please note: Vendors under contract with DLA Troop Support Clothing & Textiles are able to use a web-based application called VIM, or Virtual Item Manager (https://vim.dla.mil). VIM allows manufacturers to generate and transmit contract documents such as Delivery Orders (DD1155s) and Material Inspection and Receiving Reports (DD250s). Previously, vendors registered using a user ID and password; however, soon all vendors must use an ECA certificate to access VIM.

Please see below for more information.

Why is VIM requiring access via ECA certificate? DoDI 8520.2 Mandates the use of DoD PKI identity certificates when accessing DoD information systems. The DoD established the External Certification Authority (ECA) program to support the issuance of DoD- approved certificates to industry partners and other external entities and organizations. ECA certificates enable contractors to securely communicate with the DoD and authenticate themselves to DoD Information Systems.

What are ECA Certificates? ECA Certificates are individually issued digital identity credentials. The DoD relies upon these credentials to ensure the identity of the user in online environments or when a certificate holder tries accessing DoD Information Systems. ECA Certificates are stored either on hardware devices (smart cards or USB devices) or software versions (stored on your computer's hard drive). You will use your certificate to:

1) Establish your identity when trying to access a protected site

2) Legally "sign" a document, form or application

3) Encrypt messages (email) or documents to ensure confidentiality Much like a driver's license or a passport, they are unique to each individual, and cannot be shared. It is against DoD Regulations to share a username and password or allow someone to access another's ECA certificate for any reason. Violation of this policy will result in the immediate revocation of the original owner's certificate.

How can I obtain an ECA Certificate? The following are the three entities authorized by the DoD to issue ECA Certificates. Review and apply for an ECA Certificate from one of the below organizations to access your VIM account:

1) IdenTrust: http://www.identrust.com/certificates/eca/index.html

2) ORC (Operational Research Consultants): http://eca.orc.com/

3) VeriSign: https://eca.verisign.com/

I have an ECA Certificate, how do I access VIM now? Simply log into VIM with your existing User ID and Password as usual and then follow the steps:

1) Under Menu, click the “Certificate Registration” option

2) Read the brief instruction and then click “Continue”

3) Your certificate will display in a pop-up. Select the certificate and click “Continue”

4) You will be prompted to enter your current password for confirmation and click “OK”

5) The message displays “Your Certificate has been successfully registered…” Click “OK” to complete the process. You will be logged out of VIM and prompted to login with your certificate.

6) Click “Accept” to the Terms and then select “Certificate Login”.

7) Your certificate will display in a pop-up. Select the certificate and click “OK” and you will be logged into your VIM account. Remember, your old login credentials will no longer be valid and you will use your certificate to login into VIM.

***************************************************************************• ISSUE: Editing capability in Wide Area Workflow (WAWF) and VIM-ASAP

– Electronic submission and processing of Payment Request and Receiving Reports (RR)

– Vendor mandate 252.232-7003

– Action: Depending on status in WAWF and VIM-ASAP

– Submitted Status (WAWF)

– Rejected Status (WAWF)

• Vendor must contact VIM-ASAP Help desk at 1-888-940-7348

– Recognized mistakes submitted to VIM-ASAP within the 1st hour can be removed

– Vendors can recall shipments not signed (accepted) by Quality Assurance Representative (QAR)

– After voiding submission, Modulant will “un-finish” the submission and vendor will enter correction.

– Vendor must contact DFAS to ask for a rejection of invoice submission

– Call 1-800-756-4571 option 2 then option 2

– DFAS representatives may request an e-mail with contract specifics DFAS will reject invoices NOT the RR.

POINT OF CONTACT FOR TRANSPORTATION INSTRUCTIONS

(a) For Defense Contract Management Agency (DCMA) administered orders to include DCMA Americas, Canada: The Contractor shall contact the transportation officer at the administering DCMA location. To obtain the applicable Government

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shipping document/instructions, 7 days prior to shipment availability, the Contractor shall use the Shipping Instructions Request (SIR) web-based eTool application available through the DCMA's website http://www.DCMA.mil at http://www.dcma.mil/itcso/cbt/SIR/index.cfm. (b) For DCMA International outside contiguous United States (OCONUS) administered orders (excluding DCMA Americas, Canada): The Contractor shall either use Department of Defense (DD) Form 1659 or the DCMA SIR eTool as directed by the DCMA International Transportation Office. (1) An electronic version of the DD Form 1659 can be accessed at: http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd1659.pdf or may be obtained from the responsible DCMA International Contract Administration Office (CAO) Transportation Office. (c) For Defense Logistics Agency (DLA) administered orders: The Contractor shall contact the DLA Distribution Supply Chain Transportation Office Helpdesk for shipping instructions at 1-800-456-5507 or via e-mail to delivery@dla.mil (preferred). The DLA Distribution's operating hours are Monday through Friday, 6:00 a.m. to 5:30 p.m. eastern standard time, excluding holidays. The DLA Vendor Shipment Module (VSM), previously known as the Distribution Planning and Management System (DPMS), available at https://vsm.distribution.dla.mil, may be used to obtain transportation instructions in lieu of contacting the transportation office.

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2018) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?

SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

The following additional clauses are set forth in full text:

L27 Addition and Deletion of Items (AUG 2017)

(1) The Government reserves the right to unilaterally delete items that were available from only one manufacturer at the time of award if an alternate source of supply becomes available or the Government’s requirements are modified to provide for full and open competition. The Government will provide a 30-day advance notice to the contractor prior to deleting any item from the contract.

(2) The Government may add new items to the contract through bilateral modification with negotiated prices. All new requirements are subject to synopsis prior to addition to the contract.

(3) Discontinued items: (a) The contractor agrees to provide the Government with immediate, written notification when the manufacturer will discontinue an item, including a recommendation for any potential substitute or replacement items. If the Government elects to include a substitute or replacement item in the contract, the contracting officer will modify the contract accordingly.

(b) If the manufacturer discontinues an item without replacement, the contractor shall include in the notice a recommendation concerning the availability of items that are comparable in form, fit, and function. The contractor shall not incur any costs related to alternate sources of supply without the express written approval of the contracting officer. The Government has the option to make a last time order, or series of orders, within 30 days after receiving written notification of the discontinued item, after which the item will be deleted from the contract.

The contractor shall honor any last time order, unless it is returned to the ordering office within 10 days after issuance with written notice stating the full quantity is not available for shipment. The parties will negotiate the terms of such orders, including changes to the delivery schedule and maximum quantity available for shipment.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUNE 2003)

(a) Definitions. As used in this clause-- “Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 13 MONTHS AFTER

DELIVERY.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)

(1) of this clause within 45 DAYS AFTER DISCOVERY OF THE DEFECT

(2) Within a reasonable time after the notice, the Contracting Officer may either --

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3)

(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting

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Officer --

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4)

(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor --

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

Solicitation Provisions FAR 52.212-1 Instructions to Offerors -- Commercial Items (JUL 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is

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received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) 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. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

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(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

Addendum to 52.212-1:

The following paragraphs of 52.212-1 are amended as indicated below:

1. Paragraph (b), Submission of Offers.

a. Delete the 1st sentence and substitute the following:

Submit signed and dated offers as specified on page 3 of this solicitation at Block 9 on or before the exact due date/local time as specified on page 3 at Block 8. [ X ] Facsimile offers are NOT authorized for this solicitation. [ ] Facsimile offers are authorized for this solicitation. Facsimile offers that fail to furnish required representations, or information, or that reject any of the terms, conditions and provisions of the solicitations, may be excluded from consideration. Facsimile offers must contain the required signatures. The Government reserves the right to make award solely on the facsimile offer. However, if requested to do so by the Contracting Officer, the apparently successful offeror agrees to promptly submit the complete original signed proposal. The Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile offer.

2. Paragraph (c), Period for Acceptance of Offers.

Change “30 calendar days” to read “_60_ calendar days”.

Proposals will be evaluated for all non-cost/price evaluation factors/technical proposals and cost or price reasonableness following the evaluation procedures set forth in the addendum to 52.212-2 Evaluation - Commercial Items and additional source selection evaluation procedures in this solicitation. Attachments have been formatted to assist you in preparing a complete technical proposal. In order to provide full consideration of your qualification for contract award, you are encouraged to ensure that the information furnished in support of your technical proposal is factual, accurate and complete.

The DoD is committed to applying a “lowest price technically acceptable” contracting approach as a means of obtaining timely delivery of quality products while reducing the Government's administrative costs associated with contractor oversight. To this end, we are evaluating factors for technical acceptability in addition to evaluating price under this solicitation. Since effective production and quality control practices translate into better quality products, fewer delinquencies, reduced administrative costs and lower overall cost to the Government, we will be using your proposal to assess the efficiency of your production methods and the effectiveness of your quality control procedures in determining the technical acceptability of your offer.

The Government reserves the right to verify the information provided for evaluation purposes. Offerors are required to submit a technical proposal consisting of: 1) completely filled in solicitation, signed and dated (along with signed and dated amendments if issued), 2) submission of photograph(s) for item specified in clause 52.212-2 as part of their offer and proposals must be received before the time set forth for solicitation closing. Failure to furnish this information by the time specified in the solicitation may be cause for rejection of offers if not otherwise acceptable under the provisions for considering late offers.

Cost and Pricing Data: A full cost and pricing proposal is not required; however, the offeror may be required to submit information other than cost and pricing data during discussions if deemed…