SPE2DH17Q0255.PDF

REQUEST FOR QUOTATIONS THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

4. CERT.FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5. ISSUED BY

7. DELIVERY

9. DESTINATION

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5 ON OR

BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (See Continuation Sheets)

12. DISCOUNT FOR PROMPT PAYMENT

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

16. SIGNER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not useable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

1. REQUEST NO.

SPE2DH-17-Q-0255

2. DATE ISSUED

2017 NOV 30

3. REQUISITION/PURCHASE REQUEST NO.

1000057910

RATING

DO-C9

DLA TROOP SUPPORT

MEDICAL SUPPLY CHAIIN FSH

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

USA

Buyer: Alek Pagliaccetti DAP0064 Tel: 215-737-0857 Email: Alek.Pagliaccetti@dla.mil

6. DELIVER BY (Date)

30 DAYS ADO

8. TO:

c. CITY

d. STATE

b. STREET ADDRESS

a. NAME OF CONSIGNEE

e. ZIP CODE

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS

15. DATE OF QUOTATION

a. NAME (Type or Print)

AREA CODE

c. TITLE (Type or Print)d. CITY

c. COUNTY

b. STREET ADDRESS

e. STATE f. ZIP CODE

See Schedule

2017 DEC 09

NUMBER

FOB DESTINATION

OTHER

(See Schedule)

CAGE

b. TELEPHONE

See attached schedule to complete quote information.

Quoter must also complete the following:

a. Quotation is valid for 90 days from date specified in Block 10 above unless otherwise indicated: _____________ .

b. Prices quoted are:

___ Contained in Commercial Catalog or Published Price List No. ___________________ dated _______________ page __________ .

___ Contained in Internal Price List No. _______________dated ____________________, which may be examined at our facility.

___ Commercial sales of comparable quantities: Quantity ____________ ; Price _____________;

___ Customer ________________________.

___ Other (provide basis) ______________________________________ _______________________________________ .

c. FOB Point: ____ Destination ____ Origin Shipping Point (City, State) _________________________________________ .

d. If delivery period shown in Block 6 is unacceptable, provide best possible delivery: _________________________________.

e. Remittance Address (Name, Street, City, State, ZIP): Same as Block 13 unless otherwise indicated below:

f. Vendor FAX Number: ____________________ Vendor Toll-Free Number: ____________________ Vendor E-mail: ______________________________

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SPE2DH-17-Q-0255

CONTINUED ON NEXT PAGE

The provisions/clauses as indicated in the DLA Master Solicitation for Solicitations {version ___40___ dated September, 2017} and resulting awards are hereby applicable and incorporated by reference. The Master Solicitation can be found on the Web at http://www.dla.mil/Acquisition/Pages/Automaster_EProcurement.aspx” Please also reference additional clauses included on latter pages of the subject order.

1. This item is being solicited to establish an Indefinite Delivery Purchase Order (IDPO) for a period of TWO (2) years from date of award or until the total maximum dollar amount of all combined calls reach $.150,000.

2. QUANTITY BREAKS: It is requested that you provide price breaks for the below ranges.

Further, if available, you may offer additional ranges. Offerors will be evaluated based on the price for the quantity contained in this RFQ.

Range 1: 1 each to 10 each Range 2: 11 each to 20 each Range 3: 21 each and greater

3. Only new materiel (non-surplus) shall be supplied. No surplus or used material for medical products is permitted.

4. Foreign Military Sale (FMS) requirements not applicable to any IDPO Contractual instrument.

5. Particular attention should be given to Clause (52.213-9002) Indefinite Delivery Purchase Order (IDPO) Agreement.

6. Delivery shall be only as authorized in accordance with Clause (252.216-7006) entitled "ORDERING" and Clause (52.216-19) entitled "DELIVERY ORDER LIMITATIONS" set forth in this order.

7. FAST PAY: Paragraph (i)(2) of Clause (52.212-4) is hereby removed and replaced with Fast Pay as referenced in Clauses (52.213-1) and (52.213-9009). Fast Pay is applicable on individual delivery orders and is capped off at the threshold per delivery order up to $.35,000. Individual Requirements over the $.35,000 threshold will be solicited competitively using Prompt Pay Procedures.

7a. PROCUREMENT NOTE 247-9034 Point Of Contact For Transportation Instructions (SEP 2015) POINT OF CONTACT FOR TRANSPORTATION INSTRUCTIONS (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.

8. Each order destined for the United Sates (includes Alaska, Hawaii, and Washington, DC) shall be delivered to the Ship-To Address identified in Section B of the order. If you are unable to ship directly to Alaska or Hawaii, please ship to the following location:

Defense Distribution Depot San Joaquin Warehouse 30 25600 S. Chrisman Road Tracy, CA 95376

Each shipment must contain the Mark-For Address, which is the TCN # and Purchase Order #.

If the order contains multiple CLINs, the shipment Mark-For Address must include each CLIN along with each CLIN's TCN #.

9. Each overseas order issued is subject to the below instructions. After reading the below instructions, if you still have questions concerning the shipping destinations, please contact the Local Administrator identified on page 1, Block 6 of this document.

THE BELOW APPLIES TO SHIPS, SUBMARINES and SHIP-TO ADDRESSES WITH APO-AA, APO-AE, FPO-AE, APO-AP, FPO-AP ADDRESSES.

Delivery orders issued from the below-listed DoDAACs are to be shipped to the corresponding Ship-To Address shown below in lieu of the Ship-To Address contained in Section B of the order. DoDAACs are identified by the first six characters of the TCN/requisition #. If the order contains multiple CLINs lines), each CLIN will contain its own TCN/requisition #.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 36 PAGES

The Mark-For Address for each shipment is the TCN # and Purchase Order #. If the order contains multiple CLINs, the shipment Mark-For Address must include each CLIN along with each CLIN's TCN #.

SHIPS AND SUBMARINES: For the Navy USS or USN, ALL orders with a TCN/requisition number starting with an "N," "V," or "R" (e.g., V026370100001, R002173100002) and contain an APO-AA, APO-AE, FPO-AE, APO-AP or FPO-AP will be shipped to:

DEF DIST DEPOT NORFOLK VA

POC: Monica Lassiter

ATTN: MEDICAL CAGE 5TH FLOOR

1968 GILBERT ST BLDG W143 DWY 21

NORFOLK VA 23512-0001

(tel # 757-443-3232)

There are no restrictions on the type of items that can be sent to the ISSOT.

CROSS-DOCK PROGRAMS

The East Coast Cross-Dock Program Ship-To Address is as follows:

DLA TROOP SUPPORT XDOCK PROJECT

ATTN: Kenrick Goden/Terry Krug (tel # 410-317-4063) C/O CAH X-Dock Center 7611A Brandon Woods Blvd Baltimore, MD 21226

The above East Coast Cross-Dock Ship-To Address only applies to the TCN/requisition numbers listed below:

DODAACMark For WK4FV1WK4FV1 USAMMCE Army WK4FV1WK4FV1 – FM USAMMCE Air Force- DLA TROOP SUPPORT MEDICAL SUPPLY CHAIN use only FM4486 Lajes Field, Azores FM5606 Spangdelham AB, Germany FM5612 Ramstein AB, Germany FM5587 Lakenheath, England FM5655 Incirlik, Turkey FM5682 Aviano, Italy FM6902 Qatar FM6924 Qatar N66096 Naples, Italy N39163 Sigonella, Italy N66101 Rota, Spain NON-DLAFM USAMMCE AF - Customer use only(GCP or LP) FM4486 Lajes Field, Azores FM5606 Spangdelham AB, Germany FM5612 Ramstein AB, Germany FM5587 Lakenheath, England FM5655 Incirlik, Turkey FM5682 Aviano, Italy FM6902 Qatar FM6924 Qatar N66096 Naples, Italy N39163 Sigonella, Italy N66101 Rota, Spain WK4FV2FM CENTAF- DLA TROOP SUPPORT MEDICAL SUPPLY CHAIN use only FM4668 Thumrait AB, Oman FM4856 Manama, Bahrain

WK4FV7WK4FV7 USAMMCE JPPD- DLA TROOP SUPPORT MEDICAL SUPPLY CHAIN use only WK4NKVUSAMMCE – ERMC use only, Special Project WK4F3MUSAMMCE – ERCO Landstuhl and Wuerzburg, GE, use only WK4FZWUSAMMCE – MEDDAC Heidelberg, ERMC Heidelburg, and ERCO Landstuhl use only W91R2LQatar W91947Balad, Iraq – Only W91947 authorized to approve use W90B0CQatar – USAMMA (W23MWR/W25MWY) orders – DLA TROOP SUPPORT MEDICAL SUPPLY CHAIN use only

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The West Coast Cross-Dock Program Ship-To Address is as follows:

DSCP CROSS DOCK PROJECT

CARDINAL HEALTH MPS DISTRIBUTION CENTER

ATTN: Carol Carrizoza (PHONE # 909-974-3678)

4551 EAST PHILADELPHIA STREET

ONTARIO, CA 91761

The above West Coast Cross-Dock Ship-To Address only applies to the TCN/requisition numbers listed below:

SHIP TO DODAACMark For (DROP DOWN MENU IN MAB APP) WT4J8S16th MEDLOGBN USAMMC-K WT5J0FCamp Zama Shi, Japan - DLA Troop Support Medical Supply Chain use only W904EE Waegwan, Korea - USAMMA (W23MWR/W25MWY) orders DLA Troop Support Medical Supply Chain use only W904EG Kanagawa Ken, Japan - USAMMA (W23MWR/W25MWY) orders DLA Troop Support Medical Supply Chain use only FM5202374 MG, Yokota, Japan – DLA Troop Support USE 374 MG, Yokota NON DLA (Customer use: GPC or LP) FM520535 MG, Misawa, Japan – DLA Troop Support USE 35 MG, Misawa NON DLA (Customer use: GPC or LP) FM524036 MG, Yigo, Guam – DLA Troop Support USE 36 MG, Yigo NON DLA (Customer use: GPC or LP) FM527018 MSS, Kadena, Japan – DLA Troop Support USE 18 MSS, Kadena NON DLA (Customer use: GPC or LP) FM528051st Med WRM Kwangju – DLA Troop Support USE 51st MG Kwangju NON DLA (Customer use: GPC or LP) FM52848th MedGp Kunsan, DLA Troop Support USE 8th MG Kunsan NON DLA (Customer use: GPC or LP) FM528851st MDSS/SGSM Medical Group Daegu Korea – DLA Troop Support USE 51st MDSS/SGSM Medical Group Daegu Korea – NON DLA (Customer use: GPC or LP) FM529451st Medical Group/SGSM Osan, Korea – DLA Troop Support USE 51st Medical Group/SGSM Osan, Korea – NON DLA (Customer use: GPC or LP) M971153 FSSG, Okinawa, Japan - DLA Troop Support Medical Supply Chain use only N68096USNH Guam - DLA Troop Support USE USNH Guam - NON DLA (Customer use: GPC or LP) N68292USNH Yokosuka, Japan - DLA Troop Support USE USNH Yokosuka, Japan -(NON DLA (Customer use: GPC or LP) N68470USNH Okinawa, Japan - DLA Troop Support USE USNH Okinawa, Japan - NON DLA (Customer use: GPC or LP)

IRAQ SHIP-TO ADDRESS FOR IRAQ DoDAACs NOT UNDER CROSS-DOCK PROGRAM

For shipments to IRAQ, the Ship-To Address will be as follows:

W25N14

XU CONSOL AND CONTAINERIZATION PT

DDSP NEW CUMBERLAND FACILITY

2001 NORMANDY DR

BLDG 2001 CCP DOOR 135 THRU 168

NEW CUMBERLAND, PA 17070-5001

THE BELOW APPLIES TO SHIP-TO ADDRESSES WITH APO-AA, APO-AE, FPO-AE, APO-AP, FPO-AP ADDRESSES

THAT DO NOT MEET THE ABOVE CRITERIA.

If the order contains a Ship-To Address with an APO-AA, APO-AE, FPO-AE, APO-AP, or FPO-AP and does not meet any of the above criteria, the awardee is expected to determine the appropriate Ship-To Address based upon the type of shipment as identified below (NOTE: Each shipment must include the TCN and Purchase Order number. If the order contains multiple CLINs, then shipment must cite the TCN number associated with each CLIN):

Routine Shipments - Normal Cargo

For APO-AA, APO-AE, or FPO-AE

SW3123

Defense Distribution Depot Susquehanna PA Consol and Containerization Point 2001 Normandy Dr Door 135-168 New Cumberland, PA 17070-5002

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For APO-AP or FPO-AP Defense Distribution Depot San Joaquin Warehouse 30 25600 S. Chrisman Road Tracy, CA 95376

Please note that RapidGate is currently a requirement for access to some military bases;

however, these and other locations may require enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining all required enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement.

Many bases currently require enrollment in RapidGate and will not allow entry without RapidGate clearance. During the contract implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another security program is required for access to each location. If RapidGate or other security enrollment is required, the contractor must take all necessary steps to obtain this in time for the start of performance under this contract. Failure to have RapidGate clearance may result in a vendor being turned away from the base and being unable to complete delivery. The contractor is responsible for the additional cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that RapidGate enrollment will cost about $.250 per company and $.200 per enrolled employee for 1 year of access to multiple locations, but the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs.

If more than one driver is required, RapidGate enrollment must be obtained for each driver.

Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please visit their website at www.rapidgate.com, 1-877-RAPIDGate.

52.212-01 Instruction to Offerors – Commercial Items 52.212-04 Contract Terms and Conditions – Commercial Items 52.212-03 Offeror Reps and Certs – Commercial items 52.212-03 – Alternate I – Offer Reps and Certs – Commercial items 52.212-05 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS

- COMMERCIAL ITEMS (JAN 2017) FAR

(note – incorporate the following clauses by reference within 52.212-5 by placing an “X” next to each of the below):

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

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

__X_ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_X__ 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__X_ 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _

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

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

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

__X_ (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

52.213-9002 Indefinite Delivery Purchase Order (IDPO) Agreement.

(a) The prospective contractor __X___ agrees _____ does not agree that, if an order is placed for the solicited quantity, the Government may place additional orders for the item(s)

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covered by this Request for Quotations, at the same price quoted for the solicited quantity, for any order issued, within a quantity range of __1___ to __10,000___ units, within (1094 DAYS) from the date of that purchase order, under the same terms and conditions as that purchase order. Such orders will be issued no more frequently than _N/A___ times per quarter. The aggregate total dollar value of orders issued shall not exceed the simplified acquisition threshold or $.5,000,000 for acquisitions conducted under FAR Subpart 13.5. In no event shall the Government be obligated to place subsequent orders under this agreement. The initial purchase order will contain the terms and conditions of this agreement, including this provision, and subsequent orders will cite the initial purchase order number. The contractor agrees to advise the contracting officer in writing at any point in time it determines that it cannot accept subsequent orders under this agreement.

(b) Numbering. The uniform procurement instrument identification numbering (PIIN) system will be used. The initial purchase order and subsequent orders will be distinguished by a "D" in the ninth position and a "5" in the tenth position of the PIIN. The initial purchase order will be numbered with sub-PIIN 0001. Subsequent orders will be serially numbered with sub-PIIN numbers 0002 through 9999.

(Note: Failure to agree to this provision will not affect an award decision for the solicited quantity.)

52.213-9010 INDEFINITE DELIVERY PURCHASE ORDER (IDPO) EVALUATION (SEP 2012)

52.213-9011 Indefinite Delivery Purchase Order (IDPO) Agreement – Unilateral (Enter the applicable time period your IDPO is for).

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS:

(F)(1) Blank Fill In “Combo Fast Pay D/D”

(F) (2) 2nd Blank Fill In (DVDs) “Inspection and Acceptance at Destination”

(F) (3) 3rd Blank Fill In (DVDs)”

SL4701

(F) (4) 4TH Blank Fill In (DVDs)”

SPE2DH

(F) (5) 5TH Blank Fill In (DVDs)”

SPE2DH

(F) (6) 6TH Fill in

TINA.VU@DLA.MIL

(G) (1) 7th Fill In

DSCPWAWFTEAM@DLA.MIL

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

52.209-10 PROHBTN. ON CONTR. W/INVERTED DOMESTIC CORP

52.209-02 PROHBTN. ON CONTRACTING WITH INVERTED DOMESTIC CORP – REPRESENTATION

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND

EQUIPMENT EXCEEDING $.15,000 (MAY 2014)

FAR

52.225-18 PLACE OF MANUFACTURE

252.225-7000 BAA-BALANCE OF PAYMENTS PROGRAM CERTIFICATE

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM

NOTE 247-9051 Special Handling And Storage Instructions (SEP 2015)

SPECIAL HANDLING AND STORAGE INSTRUCTIONS

(a) To assure that all receiving activities can properly identify items requiring special handling and storage, the contractor shall annotate all copies of the Department of Defense (DD) form 250, Material Inspection and Receiving Report, with the storage and handling instructions required on the exterior shipping containers. The statement(s) shall be in capital letters and entered in block 16 of the DD form 250. The envelope containing the shipping documents accompanying the shipment shall be marked in capital letters with the notation: "contains special handling and storage instructions."

(b) Special handling and storage statements include the following:

"Store between 2 degrees - 8 degrees c (36 degrees - 46 degrees f)" "Store at controlled room temperature 15 degrees – 30 degrees c

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(59 degrees - 86 degrees f)" “Store between 20 degrees – 25 degrees c (68 degrees – 77 degrees f)”"do not freeze" "Keep frozen" "Keep from heat" "Flammable" "Store in a cool place" "Fragile"

(c) For unrefrigerated medical material shipments, the DD form 250 will be annotated in block 16 to state the maximum unrefrigerated shipping time, as designated in the procurement document. If refrigerated transport is used, the following shall appear "refrigerated transport utilized". For drugs, chemicals, and sterile items, the contractor shall also annotate the DD Form 250 to show the quantity shipped, the expiration date or date of manufacture whichever is applicable, for each lot, batch or control number.

NOTE 247-9053 Shipping And Marking Instructions For Frozen, Refrigerated, And Limited Unrefrigerated Medical Material Shipments (SEP 2015) SHIPPING AND MARKING INSTRUCTIONS FOR FROZEN, REFRIGERATED, AND LIMITED UNREFRIGERATED MEDICAL

MATERIAL SHIPMENTS

(a) Shipping instructions:

(1) Commercial refrigerated containers, chill or freeze, shall be used as applicable, to ship material requiring refrigeration or frozen items.

(2) Scheduling of shipments: Shipments will be scheduled to arrive at destination during normal business days and working hours. Advance notice of the shipment and estimated time of arrival will be forwarded expeditiously to the consignee.

(3) Perishable items which do not require constant refrigeration shall be transported by a mode of transportation which will assure receipt by the consignee within allowable shipping time for unrefrigerated shipments specified in the solicitation. When shipping time will exceed the maximum allowable time, such shipments shall be forwarded in refrigerated containers which will maintain the required temperature range of 2 degrees - 8 degrees Celsius (or 36 degrees - 46 degrees Fahrenheit) while enroute to the consignee. When refrigerated transportation is available from the consignor to the consignee, such transportation may be used in lieu of refrigerated containers.

(4) Perishable items requiring constant refrigeration shall be shipped by refrigerated transportation or in refrigerated containers which will maintain the required temperature while enroute to consignee.

(5) Perishable items required to be frozen shall be shipped by freezer transportation or in freeze containers which will maintain the required temperature range of -25 degrees and -10 degrees Celsius (-13 degrees and 14 degrees Fahrenheit) when enroute to the consignee.

(b) Special labeling:

(1) For refrigerated, chilled or frozen shipment: Each exterior container shall be marked as indicated in military standard military standard (MIL-STD) -129 for chilled or frozen material, as applicable. When refrigerated or freezer transportation is utilized, in lieu of chilled or freeze exterior containers, the chilled or frozen shipment markings of MIL-STD-129 are not required.

(2) For limited unrefrigerated shipment: Each limited unrefrigerated exterior container shall be marked as indicated in MIL-STD-129.

(3) Notices: The contractor shall place one copy of the applicable notice (indicated below) inside of the shipping container, under the inner flaps, before sealing. The following forms may be obtained upon request to the contracting officer, DLA Troop Support:

(i) DLA Troop Support Form 2770, Notice for Frozen Shipments;

(ii) DLA Troop Support Form 2770-1, Notice for Chilled Medical Material Shipments; and

(iii) DLA Troop Support Form 2270-2, Notice for Limited Unrefrigerated Medical Shipments.

(End of Text)

52.215-9023 Reverse Auction (OCT 2013) – (NOW PROCUREMENT NOTE L09)

PROCUREMENT NOTE L09 (OCT 2016):

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

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

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions are different. All offerors and authorized auction users see the displayed lowest price(s). This disclosure is anonymous and a generic identifier displays for the offeror. Generic identifiers include designators such as “offer A” or “lowest-priced

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offeror.” By submitting a proposal in response to the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the reverse auction.

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

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be eligible for award and participate, the offeror must agree with terms and conditions of the entire solicitation and the commercial reverse auction service.

The reverse auction pricing tool system administrator sends auction information in an email.

The reverse auction system designates offers as "lead," meaning the current low price in that auction, or "not lead," meaning not the current low price in that auction. In the event of a tie offer, the reverse auction provider's system designates the first offer of that price as "lead" and the second or subsequent offer of that price as "not lead." If a tie offer is submitted and no evaluation factors other than price were identified in the solicitation or a low-price technically acceptable source selection is being used, the "Not Lead” offeror that submitted the tie offer must offer a changed price; otherwise its offer will be ineligible for award. If evaluation factors in addition to price were listed in the solicitation and a tradeoff source selection is being used, tie offers that are "Not Lead" will be considered and evaluated.

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

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

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SUPPLIES/SERVICES: 6530-01-561-5482

ITEM DESCRIPTION:

KEY, RESTRAINT, ROUND BARREL TYPE

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS

(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE

DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB

AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR

SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE

SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE

ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE

APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON

REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES

UNIT OF ISSUE - EACH (EA)

FOR USE WITH RESTRAINT SET (6530-01-561-5453)

CAGE 29698, HUMANE RESTRAINT CO INC

PART NUMBER K-300

This device or drug is regulated by the FDA.

Note to Buyer: The Government contracting official shall submit a pre-award survey request, through email, to product specialist.

HUMANE RESTRAINT CO INC 29698 P/N K-300

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 6530-01-561-5482 1.000 EA $. ________________ $. ________________

KEY,RESTRAINT

APPAR

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 30 DAYS ADO

PREP FOR DELIVERY:

PKGING DATA-QUP:001

SHALL BE PACKAGED IN ACCORDANCE WITH ASTM D 3951.

Markings Paragraph When ASTM D3951, Commercial Packaging is specified, the following apply:

•,,All Section “D” Packaging and Marking Clauses take precedence over

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SUPPLY/SERVICE: 6530-01-561-5482 CONT'D

ASTM D3951.

•,,In addition to requirements in MIL-STD-129, when Commercial Packaging is used, the Method of Preservation for all MIL-STD-129 marking and labeling shall be “CP” Commercial Pack.

•,,The Unit of Issue (U/I) and Quantity per Unit Pack (QUP) as specified in the contract take precedence over QUP in ASTM D3951.

PARCEL POST ADDRESS:

FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT)

AWARDS SEE DLAD 52.247-9059 AND

CONTRACT INSTRUCTIONS INSTEAD.

FREIGHT SHIPPING ADDRESS:

FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT)

AWARDS SEE DLAD 52.247-9059 AND

CONTRACT INSTRUCTIONS INSTEAD.

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 1000057910 0001 N/A N/A N/A N/A

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Form

Standard Element has no Title

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/ replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this

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contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer --Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall --

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the --

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if --

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(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on --

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular

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purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov .

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(1) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of Clause)

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (JAN 2017) FAR

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.]

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

___ 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ 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).

___ 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub.