SPE2DH27Q0012.pdf

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REFRIGERATOR-FREEZER,
Solicitation number
SPE2DH27Q0012
Issued by

About this file

This is a Request for Quotations (RFQ) issued by DLA Troop Support Medical Supply Chain for the procurement of a refrigerator-freezer unit designed for safe transport of temperature-sensitive medical materials such as vaccines, medications, reagents, and blood products. The solicitation SPE2DH-27-Q-0012 was issued on October 21, 2026, with quotations due by October 27, 2026. The requirement is for five units, each with a 56-liter capacity, capable of operating in both cool mode (4°C) and freeze mode (-22°C), with multi-source electrical power acceptance (100-250 VAC, 50-60 Hz; 12-28 VDC). Delivery is required within 30 days after date of order (ADO) to Kaiserslautern, Germany, with FOB destination and inspection/acceptance at destination. The unit of issue is each (EA), and pricing terms are firm fixed price with no quantity variance permitted. The item is classified as FDA-regulated (Regulation 864.9700 Class II) and requires Item Unique Identification (IUID) marking per MIL-STD-130 and DFARS 252.211-7003.

The solicitation incorporates extensive FAR, DFARS, and DLAD provisions and clauses including those related to Buy American requirements, domestic material restrictions (Berry Amendment threshold of $150,000), security clearances, anti-terrorism training, and export controls. Quoters must complete all mandatory certifications and representations, provide warranty information, and comply with packaging requirements per Medical Marking Standard No. 1 and RP001 DLA Packaging Requirements. The bidder must specify the source and manufacturer part number being supplied. The solicitation is not a small business set-aside. The contracting officer is David Piecyk (DDP9794) at DLA Troop Support in Philadelphia, Pennsylvania, reachable at 445-737-3513 or David.Piecyk@dla.mil. RapidGate enrollment may be required for base access with estimated costs of approximately $250 per company plus $200 per enrolled driver for one year.

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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)

SPE2DH-27-Q-0012

1. REQUEST NO.

2026 OCT 21

2. DATE ISSUED

WK4FV162463038

3. REQUISITION/PURCHASE REQUEST NO. RATING

DLA TROOP SUPPORT

MEDICAL SUPPLY CHAIIN FSH

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

USA

Buyer: David Piecyk DDP9794 Tel: 445-737-3513 Email: David.Piecyk@dla.mil

30 DAYS ADO

6. DELIVER BY (Date)

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

2026 OCT 27

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: ______________________________

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 2 OF 18 PAGES

SPE2DH-27-Q-0012

Please provide warranty information for your quote in additional remarks

Provisions, Clauses and Procurement Notes:

The following websites are provided to suppliers to obtain the full text of the FAR, DFARS, and DLAD provisions, clauses, and Procurement Notes listed below:

https://www.acquisition.gov, http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html, http://www.dla.mil/hq/ acquisition/offers/DLAD.aspx http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

All provisions, clauses, and procurement notes are incorporated herein by reference with the same force and effect as if set forth in full text and made a part of the solicitation as applicable. The submission of a quotation in response to a RFQ that references the below guidance constitutes the supplier’s compliance with the representations and certifications and acceptance of the individual clauses, provisions, and procurement notes incorporated by reference herein. Certain representations and certifications may be required as part of a quotation submitted via DIBBS. These representations and certifications will be contained on the DIBBS quotation input form. Suppliers are reminded that all provisions incorporated herein by reference remain binding in their entirety. Any penalties for misrepresentation contained in the reference clauses and provisions apply.

[CAUTION NOTICE: OFFERORS ARE REQUIRED TO COMPLY WITH DOMESTIC MATERIAL RESTRICTIONS. THE BERRY AMENDMENT, THE BUY AMERICAN ACT, AND OTHER DOMESTIC MATERIAL RESTRICTION MAY APPLY. OFFERORS ARE INSTRUCTED TO REFER TO THE SOLICITATION CLAUSES RELATED TO FOREIGN SOURCING FOR MORE INFORMATION ON APPLICABILITY. THE BERRY AMENDMENT THRESHOLD HAS BEEN REDUCED TO $150,000 AND VENDORS MUST CAREFULLY REVIEW RELATED CLAUSES DFARS 252.225-7006, 252.225-7012, AND 252.225-7015 FOR APPLICABILITY REQUIREMENTS. IF YOUR OFFER IS BASED ON A NON-DOMESTIC MATERIAL, YOU ARE REQUIRED TO PROVIDE DISCLOSURE INFORMATION IN YOUR QUOTE AND/OR THROUGH WRITTEN NOTIFICATION TO THE POINT OF CONTACT LISTED IN THE

SOLICITATION.]

PART 1 - MANDATORY FAR, DFARS AND DLAD PROVISIONS AND CLAUSES

The following provisions and clauses are applicable to the subject solicitation:

FAR 52.203-19 (Jan 2017)Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-7 (NOV 2024)System for Award Management FAR 52.204-13 (Oct 2018)System for Award Management Maintenance FAR 52.204-16 (Aug 2020)Commercial and Government Entity Code Reporting FAR 52.204-17 Aug 2020)Ownership or Control of Offeror FAR 52.204-18 Aug 2020)Commercial and Government Entity Code Maintenance FAR 52.204-20 Aug 2020)Predecessor of Offeror FAR 52.204-21 (Nov 2021)Basic Safeguarding of Covered Contractor Information Systems FAR 52.204-24 (Nov 2021)Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-26 (Oct 2020)Covered Telecommunications Equipment or Services- Representation FAR 52.204-27 (Jun 2023)Prohibition on a ByteDance Covered Appli FAR 52.211-5 (Aug 2000)Material Requirements FAR 52.223-3 (Feb 2021)Hazardous Material Identification and Material Safety Data FAR 52.223-7 (Jan 1997)Notice of Radioactive Materials FAR 52.227-1 (Jun 2020)Authorization and Consent FAR 52.227-2 (Jun 2020)Notice and Assistance Regarding Patent and Copyright Infringement FAR 52.232-39 (Jun 2013)Unenforceability of Unauthorized Obligations FAR 52.232-40 (Mar 2023)Providing Accelerated Payments to Small Business Subcontractors FAR 52.242-17 (Apr 1984)Government Delay of Work FAR 52.246-2 (Aug 1996)Inspection of Supplies – Fixed Price FAR 52.252-1 (Feb 1998)Solicitation Provisions Incorporated by Reference (The full text of a provision may be accessed electronically at this address: https://www.acquisition.gov.

DFARS 252.203-7000 (Sep 2011)Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 (Dec 2022)Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 (SEP 2022)Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7003 (Apr 1992)Control of Government Personnel Work Product DFARS 252.204-7008 (Oct 2016)Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7009 (Jan 2023)Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7015 (Jan 2023)Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7017 (May 2021)Prohibition of Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation DFARS 252.204-7018 (Jan 2023)Prohibition of Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.204-7019 (Nov 2023)Notice Of NIST SP 800-171 DoD Assessment Requirements DFARS 252.204-7020 (Nov 2023)NIST SP 800-171 DoD Assessment Requirements DFARS 252.204-7024 (Mar 2023)Notice on the Use of the Supplier Performance Risk System DFARS 252.223-7001 (Dec 1991)Hazard Warning Labels DFARS 252.223-7006 (Sep 2014)Prohibition On Storage, Treatment, And Disposal Of Toxic Or Hazardous Materials—Basic DFARS 252.223-7008 (Jan 2023)Prohibition Of Hexavalent Chromium DFARS 252.225-7048 (Jun 2013)Export-Controlled Items DFARS 252.232-7003 (Dec 2018)Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7006 (Jan 2023)Wide Area WorkFlow Payment Instructions DFARS 252.232-7010 (Dec 2006)Levies on Contract Payments DFARS 252.239-7098 (Apr 2021)Prohibition On Contracting To Maintain Or Establish A Computer Network Unless Such Network Is Designed To Block Access To Certain Websites – Representation (Class Deviation 2021-O0003)

PAGE 3 OF 18 PAGES

https://www.acq.osd.mil/dpap/policy/policyvault/USA000226-21-DPC.pdf)

DFARS 252.243-7001 (Dec 1991)Pricing of Contract Modifications DFARS 252.244-7000 (Nov 2023)Subcontracts for Commercial Products or Commercial Services DFARS 252.246-7003 (Jan 2023)Notification of Potential Safety Issues DFARS 252.247-7023 (Oct 2024)Transportation Of Supplies By Sea—Basic DLAD 5452.233-9001 (Jun 2020)Disputes – Agreement to Use Alternate Dispute Resolution (ADR)

PART 2 – CONDITIONAL FAR, DFARS, AND DLAD PROVISIONS AND CLAUSES

The following provisions and clauses apply as indicated below. These provisions and clauses are self-deleting if they do not apply.

FAR 52.203-12 (Jun 2020)Limitation on Payments to Influence Certain Federal Transactions.

Applies to solicitations and contracts when the estimated value equals or exceeds $250,000.

FAR 52.204-2 (Mar 2021)Security Requirements Applies to solicitations and contracts when the contract may require access to classified information FAR 52.209-1 (Feb 1995)Qualification Requirements Applies when QML, QPL, QBL is cited in the item description of the solicitation/order. The agency activity name and address are located in the QPL specification, which is cited in the Item Description and can be obtained from http://assist.daps.dla.mil/quicksearch.

FAR 52.209-3 (Sep 1989)First Article Approval – Contractor Testing Applies when a fixed-price contract is contemplated, first article approval is required, and the contractor is responsible for conducting the first article testing.

FAR 52.209-3 (Jan 1997)First Article Approval – Contractor Testing ALT I Applies if the first article and the production quantity shall be produced at the same facility.

FAR 52.209-4 (Sep 1989)First Article Approval – Government Testing When a fixed-price contract is contemplated, first article approval is required, and the Government is responsible for conducting the first article test.

FAR 52.211-15 (Apr 2008)Defense Priority and Allocation Requirements Applies to solicitations and awards/orders when a DPAS rating/priority is cited on the face of the solicitation and/or the award/order.

FAR 52.211-16 (Apr 1984)Variation in Quantity For DLA Land and Maritime acquisitions: A variation in quantity will not be accepted unless the unit of issue is in feet and only when within +/- 10% when authorized in the individual order.

FAR 52.213-1 (May 2006)Fast Payment Procedure Applies to acquisitions valued at $35,000 or less, unless a deviation exists, which are OCONUS Customer Direct deliveries with destination inspection and acceptances, or unless solicitation/award specifically prohibits fast pay.

FAR 52.219-33 (Sep 2021)Nonmanufacturer Rule Applies to solicitations and contracts when the item being acquired has been assigned a manufacturing or supply NAICS code and any portion of the requirement is set-aside for any of the small business concerns identified in 19.000(a) (3), including multiple-award contracts that provide for the set-aside of orders to small business concerns or for orders issued directly to one small business concern in accordance with 19.504(c)(1)(ii), or is awarded on a sole source basis in accordance with subpart 19.8, 19.13, 19.14, or 19.15. The clause shall not be used when the Small Business Administration has determined that there are no small business manufacturers of the product or end items and has waived the nonmanufacturer rule (see 19.505(c)(4)).

FAR 52.223-9 (May 2008)Estimate of Percentage of Recovered Material Content for EPA-Designated Items Applies to solicitations and contracts when the estimated value exceeds $150,000 FAR 52.229-13 (Nov 2021)Taxes - Foreign Contracts In Afghanistan Applies to solicitations and contracts with performance in Afghanistan awarded by or on behalf of U.S. Forces, unless the clause at 52.229–14 is used.

FAR 52.229-14 (Nov 2021)Taxes - Foreign Contracts In Afghanistan (North Atlantic Treaty Organization Status Of Forces Agreement) Applies to solicitations and contracts, instead of the clause at 52.229–13, with performance in Afghanistan awarded on behalf of or in support of the North Atlantic Treaty Organization (NATO), which are governed by the NATO Status of Forces Agreement (SOFA).

FAR 52.246-1 (Apr 1984)Contractor Inspection Requirements Applies when inspection and acceptance are at destination.

FAR 52.246-11 (Dec 2014)Higher-Level Contract Quality Requirement Refer to schedule for applicability.

FAR 52.246-15 (Apr 1984)Certificate of Conformance This clause applies when Inspection and Acceptance at Origin is cited in the order. Clause is operative at the discretion of the DCMA quality assurance representative. Does not apply to hazardous material, items under FSC 1560, 1670, 1680, 3110, 3120, or FSG 28 and 29, or when solicitation/order specifically prohibits.

FAR 52.247-1 (Feb 2006)Commercial Bill of Lading Notations Applies to all F.o.b. origin awards.

FAR 52.247-29 (Feb 2006)F.o.b. Origin Applies when the delivery term is f.o.b. origin.

FAR 52.247-34 (Nov 1991)F.o.b. Destination Applies when the delivery term is f.o.b. destination.

FAR 52.247-48 (Feb 1999)F.o.b. Destination - Evidence of Shipment Applies when delivery term is f.o.b. destination and inspection and acceptance are at source.

FAR 52.247-51 (Jan 2001)Evaluation of Export Offers Applies to solicitations when supplies are to be exported through CONUS ports and offers are solicited on an f.o.b.

origin or f.o.b. destination basis.

PAGE 4 OF 18 PAGES

FAR 52.247-52 (Feb 2006)Clearance and Documentation Requirements – Shipments to DoD Air or Water Terminal Transshipment Points Applies when shipments will be consigned to DoD air or water terminal transshipment points or container consolidation points (CCPs).

FAR 52.247-65 (Jan 1991)F.o.b. Origin, Prepaid Freight - Small Package Shipments Applies to all F.o.b. origin awards except Foreign Military Sales (FMS) requirements.

FAR 52.247-68 (Feb 2006)Report of Shipment (REPSHIP) Applies to shipment when advance notice of shipment is required for safety or security reasons, or where carload or truckload shipments will be made to DoD installations or, as required, to civilian agency facilities.

DFARS 252.204-7022 (May 2021)Expediting Contract Closeout Applies to solicitations and contracts when the contracting officer intends to expedite contract closeout through the mutual waiver of entitlement to a residual dollar amount of $1,000 or less determined at the time of contract closeout.

DFARS 252.209-7004 (May 2019)Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism Applies to solicitations and contracts when the estimated value exceeds $150,000.

DFARS 252.209-7010 (Aug 2011)Critical Safety Items Applies when the item being acquired is identified as a Critical Item.

DFARS 252.211-7003 (Jan 2023)Item Unique Identification And Valuation Applies when the item description contains the statement “IUID MARKING IS REQUIRED.” If the unit cost is $5,000 or more and the item description is silent as to IUID, DFARS 252.211-7003(c)(1)(i) applies (there is an IUID exemption requested by the Service customer).

DFARS 252.225-7000 (Feb 2024)Buy American -- Balance of Payments Program Certification – BASIC Applies to all acquisitions over the micro-purchase threshold up to $25,000 and to acquisitions above $25,000 unless 252.225-7036 or its ALT applies.

DFARS 252.225-7001 (Feb 2024)Buy American and Balance of Payments Program – BASIC Applies to acquisitions over the micro-purchase threshold unless 252.225- 7021 or 252.225-7036 or their ALTs, apply See DFARS 225.1101(2)(i).

DFARS 252.225-7002 (Mar 2022)Qualifying Country Sources as Subcontractors - Applies when either DFARS 252.225-7001 or DFARS 252.225-7036 is cited in the solicitation.

DFARS 252.225-7013 (Nov 2023)Duty-Free Entry Applies when acquisition exceeds the micro-purchase threshold except when set- aside for small business or when the supplies will be shipped directly from a source outside the U.S. to a customer outside the U.S.

DFARS 252.225-7020 (Nov 2014)Trade Agreements Certificate—Basic Applies to solicitations and contracts when the estimated value equals or exceeds $183,000.

DFARS 252.225-7021 (Feb 2024)Trade Agreements-BASIC Applies to solicitations and contracts for the items listed at 225.401-70] when the estimated value equals or exceeds $183,000, except if the acquisition is of end products in support of operations in Afghanistan. Does not apply to acquisitions set aside for small businesses.

DFARS 252.225-7036 (Feb 2024)Buy American – Free Trade Agreements – Balance of Payments Program – Basic. Applies to solicitations and contracts for the items listed at 225.401- 70,when the estimated value equals or exceeds $100,000, but is less than $183,000, except if the acquisition is of end products in support of operations in Afghanistan..

DFARS 252.225-7036 (Feb 2024)BUY AMERICAN—FREE TRADE AGREEMENTS—BALANCE OF PAYMENTS PROGRAM - ALTERNATE I Applies to solicitations and contracts when the estimated value is less than $92,319, except if the acquisition is of end products in support of operations in Afghanistan.

DFARS 252.225-7036 (Feb 2024)Buy American – Free Trade Agreements – Balance of Payments Program – Alt IV Applies to solicitations and contracts for the items listed at 225.401-70 when the estimated value equals or exceeds $92,319 but is less than $100,000, except if the acquisition is of end products in support of operations in Afghanistan.

DFARS 252.225-7041 (Jun 1997)Correspondence in English Applies when performance will be wholly or in part in a foreign country.

DFARS 252.225-7975 (Aug 2020)Additional Access to Contractor and Subcontractor Records (Deviation 2024-O0003) (DEC 2023) https://www.acq.osd.mil/dpap/policy/policyvault/USA001616-20-DPC.pdf Applies to solicitations and contracts with an estimated value exceeding $50,000 that will be performed outside the United States and its outlying areas to support a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

DFARS 252.225-7976 (Aug 2018)Contractor Personnel Performing in Japan (Class Deviation 2018-O0019) https://www.acq.

osd.mil/dpap/policy/policyvault/USA002186-18-DPC.pdf Applies to solicitations and contracts that will require contractor personnel to perform in Japan.

DFARS 252.225-7993 (Jan 2024)Prohibition on Providing Funds to the Enemy (Deviation 2024-O0003) https://www.acq.osd.mil/dpap/policy/policyvault/USA001616-20-DPC.pdf Applies to solicitations and contracts with an estimated value exceeding $50,000 that will be performed outside the United States and its outlying areas to support a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

DFARS 252.227-7025 (Jan 2025)Limitations On the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legend WHEN USED: 1. In solicitations and contracts when it is anticipated that the Government will provide the contractor (other than a litigation support contractor covered by 252.204-7014), for performance of its contract, technical data marked with another contractor's restrictive legend(s).

2. In solicitations and contracts when it is anticipated that the Government will provide the contractor (other than a litigation support contractor covered by 252.204-7014), for performance of its contract, computer software or computer software documentation marked with another contractor's restrictive legend(s).

PAGE 5 OF 18 PAGES

3. SBIR solicitations and contracts in accordance with the guidance at 227.7103-6(c) and (d).

DFARS 252.239-7017 (Dec 2022)Notice of Supply Chain Risk Applies to solicitations for information technology services or supplies.

DFARS 252.239-7018 (Dec 2022)Supply Chain Risk Applies to solicitations and contracts for information technology services or supplies.

PART 3 - PROCUREMENT NOTES

The following procurement notes apply to the subject solicitation as indicated below and are set forth in full text at the following link: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. Archived versions can also be accessed at this site.

C01 Superseded Part Numbered Items (SEP 2016) – Applies when procuring part numbered items, including when acquisitions are conducted using FAR Part 12.

C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020) – Applies to all solicitations and awards.

C14 Correction of Nonconforming Packaging or Marking (MAY 2020) – Applies to all solicitations and awards.

H04 Sourcing for Critical Safety Items (SEP 2016) – Applies for CSI

L01 Electronic Award Transmission (JUN 2020) – Applies to all DIBBS solicitations for purchase orders and contracts (except indefinite delivery/indefinite quantity task or delivery order contracts, requirements contracts, and multiple award federal supply schedule-type contracts).

L04 Offers for Part Numbered Items (SEP 2016) – Applies when items are identified in the item description only by the name of an approved source (CAGE code), a part number, and a brief description.

L06 Agency Protests (DEC 2016) – Applies to all solicitations.

L08 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations (JUN 2020) – Applies to solicitations when the contracting officer will use the Supplier Performance Risk System (SPRS) to evaluate offerors’ past performance for best value source selections valued under $10 million.

L09 Reverse Auction (OCT 2016) – Applies to solicitations when the contracting officer may use reverse auction.

M06 Evaluation of Offers of Alternate Product for Part Numbered Items (SEP 2016) – Applies when items are identified in the item description only by the name of an approved source (CAGE code), a part number, and a brief description.

The following clauses are also hereby included, applicable and incorporated by reference as noted below in addition to those as stated above:

FAR 52.207-4 Economic Purchase Quantity-Supplies (Aug 1987) FAR 52.225-18 Place of Manufacture (Aug 2018)

The contracting agency reserves the right to conduct Price Realism analysis on prospective offers IAW FAR 15.404-1(d) (3).

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.

PAGE 6 OF 18 PAGES

SUPPLIES/SERVICES: 4110-01-629-9593

ITEM DESCRIPTION:

REFRIGERATOR-FREEZER

SELF-CONTAINED SYSTEM DESIGNED TO ALLOW SAFE TRANSPORT OF MATERIALS THAT

MUST BE MAINTAINED WITHIN A STRICT TEMPERATURE RANGE SUCH AS VACCINES,

MEDICATIONS, REAGENTS AND LIQUID/FROZEN BLOOD PRODUCTS; PORTABLE;

SELF-POWERED; ACCEPTS ELECTRICAL POWER FROM MULTIPLE SOURCES: 100 TO 250

VAC, 50-60 HZ AT AC INPUT, 12-28 VDC FROM BATTERIES OR OTHER DC SOURCES

AT THE DC POWER INPUT; INTERNAL FANS HELP CIRCULATE COOLING AIR AND

MAINTAIN UNIFORM TEMPERATURE; COOL AND FREEZE MODE; COOL MODE SET POINT:

4 DEG C (39.2 DEG F); FREEZE MODE SET POINT: -22 DEG C (-7.6 DEG F);

COMPARTMENT VOLUME: 56 LITER (2 CUBIC FEET); PAYLOAD CAPACITY: 40 450-ML

OR 60 250-ML BLOOD UNITS; COOLING CAPACITY: 60 WATTS (205 BTU/HR);

HEATING CAPACITY: 40 WATTS (136 BTU/HR); MAXIMUM GROSS WEIGHT (MGW)

(CASE + PAYLOAD) 180 LB (81.7 KG); TARE WEIGHT (CASE) 142 LB (64.5 KG);

MULTIFUNCTION LCD DISPLAY; RS-232 SERIAL PORT

UNIT OF ISSUE - EACH (EA)

This item requires Item Unique Identification (IUID) in accordance with the enclosed/referenced IUID technical requirements and MIL-STD-130.

DFARS 252.211-7003 clause applies.

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.

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES

RD003, COVERED DEFENSE INFORMATION POTENTIALLY APPLIES

This item requires Item Unique Identification (IUID) in accordance with the enclosed/referenced IUID technical requirements and MIL-STD-130.

DFARS 252.211-7003 clause applies.

BIDDER: PLEASE SPECIFY SOURCE AND PART

NUMBER BEING SUPPLIED.

This device or drug is regulated by the FDA.

Note to Buyers: The contracting official shall send a referral in EBS to the product specialist for confirmation.

Please include bidder name and bidder contact information, manufacturer name, manufacturer part number, and item description.

REGULATION 864.9700 CLASS II

EVEN THOUGH A 510(K) IS NOT REQUIRED, IT IS NECESSARY TO

MEET OTHER REQUIREMENTS FOR MARKETING. THESE INCLUDE:

REGISTRATION AND LISTING, LABELING OR GMP'S.

SHALL BE MARKED IAW THE LATEST EDITION OF

THE MEDICAL MARKING STANDARD NO. 1.

MMS NO. 1 IS AVAILABLE ONLINE AT:

https://www.dla.mil/Logistics-Operations/Packaging/

DOUBLEDAY ACQUISITIONS, LLC 1VL05 P/N HMC-MIL-1A

PAGE 7 OF 18 PAGES

SUPPLY/SERVICE: 4110-01-629-9593 CONT'D

DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK

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

0001 4110-01-629-9593 5.000 EA $ ________________ $ ________________

REFRIGERATOR-FREEZ

ER,SOLID STATE

,BIOLOGI

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 - MIL-STD-2073-1E

QUP:001 PRES MTHD:ZZ CLNG/DRY:Z PRESV MAT:ZZ

WRAP MAT:ZZ CUSH/DUNN MAT:ZZ CUSH/DUNN THKNESS:Z

UNIT CONT:ZZ OPI:M

INTRMDTE CONT:ZZ INTRMDTE CONT QTY:ZZZ

PACK CODE:U

MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.

SPECIAL MARKING CODE:ZZ -ZZ Special Requirements

PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING

REQUIREMENTS FOR PROCUREMENT

APPLICABLE TO ALL MEDICAL ACQUISITIONS:

PACKAGING AND PACKING SHALL BE COMMERCIAL AS

SPECIFIED IN THE PROCUREMENT DOCUMENT.

EACH COMPLETE UNIT SHALL BE PROPERLY PACKAGED

IN A SUITABLE SEALED UNIT CONTAINER CAPABLE

OF PROTECTING THE CONTENTS FROM DAMAGE AND/OR

BREAKAGE.

UNITS SHALL BE PACKED IN SUITABLE COMMERCIAL

EXTERIOR (SHIPPING) CONTAINERS (EXPORT WHEN

NECESSARY) WHICH SHALL INSURE ACCEPTANCE AND

SAFE DELIVERY BY COMMON OR OTHER CARRIER, AT

THE LOWEST RATE, TO POINT OF DELIVERY CALLED

FOR IN THE CONTRACT OR ORDER.

MATERIAL MUST BE MARKED IAW MEDICAL MARKING

STANDARD NO. 1. THIS SUPERCEDES ALL REFERENCES

TO MIL-STD-129.

COPIES OF MEDICAL MARKING STANDARD NO. 1

(MMS NO. 1) MAY BE OBTAINED BY CONTACTING DLA

TROOP SUPPORT VIA EMAIL TO fssb@dla.mil.

MMS NO. 1 IS ALSO AVAILABLE ONLINE AT:

https://www.dla.mil/Logistics-Operations/Packaging/

PARCEL POST ADDRESS:

WK4FV1

W0CC USA MED MAT CTR EUR

CMR 469

ATTN CL VIII MED REQ PROCES ACT

APO AE 09227-0000

US

PAGE 8 OF 18 PAGES

SUPPLY/SERVICE: 4110-01-629-9593 CONT'D

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

CONTRACT

FREIGHT SHIPPING ADDRESS:

WK4FV1

W0CC USA MED MAT CTR EUR

USAMMC E DISTR AND TRANS DIVISION

LUDWIGSHAFENERSTRASSE 31 BLDG 2369

KAISERSLAUTERN 67657

DE

GOVT USE

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

0001 7018197225 0001 N/A N/A N/A 09/03/2026

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 18 PAGES

Part 12 Clauses

52.212-4 TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2026-O0038) (FEB

2026) FAR

CLAUSES ADDED TO PART 12 BY ADDENDUM

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 2026-O0038) (FEB

2026) FAR

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN

2023) DFARS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (DEVIATION 2026-O0038) (FEB 2026) FAR

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

52.211-5 MATERIAL REQUIREMENTS (DEVIATION 2026-O0038) (FEB 2026) FAR

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2023)

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2026-O0038) (FEB 2026) FAR

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION 2026-O0038) (FEB 2026) FAR

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION 2026-O0038) (FEB 2026) FAR

52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION 2026-O0038) (FEB 2026) FAR

52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION 2026-O0040, REVISION 1) (APR 2026)

FAR

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION 2026-O0038) (FEB 2026) FAR

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (FEB 2024) DFARS

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM, ALT II (FEB 2024) DFARS

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS

252.225-7006 ACQUISITION OF THE AMERICAN FLAG (DEC 2022) DFARS

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS

252.225-7013 DUTY-FREE ENTRY (OCT 2025) DFARS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 18 PAGES

Part 12 Clauses (CONTINUED)

252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005) DFARS

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) DFARS

252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION (JUN 2023)

DFARS

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (PRE-FILLED) (JAN 2023) DFARS As prescribed in 232.7004 (b), use the following clause:

(a) Definitions. As used in this clause - Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall -

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https:// wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items -

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

Invoice (stand-alone) and Receiving Report (stand-alone) or Invoice and Receiving Report (combination)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table *

Field Name in WAWF Data to be entered in WAWF Guidance

Pay Official DoDAAC See Block 12 (SF26), 15 (DD 1155), or 18a

(SF1449)

(If blank, see resulting award)

Issue By DoDAAC See Block 5 (SF26), 6 (DD 1155), or 9 (SF1449)

(If blank, see resulting award) https://www.acquisition.gov/dfars/part-232-contract-financing https://www.sam.gov https://wawf.eb.mil/ https://wawf.eb.mil/ https://wawf.eb.mil/

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 18 PAGES

SPE2DH-27-Q-0012

Part 12 Clauses (CONTINUED)

Field Name in WAWF Data to be entered in WAWF Guidance

Admin DoDAAC See Block 6 (SF26), 7 (DD 1155), or 16 (SF1449)

(If blank, see resulting award)

Inspect By DoDAAC SEE SECTION B (If blank, see resulting award)

Ship To Code SEE SECTION B (If blank, see resulting award)

Ship From Code SEE SECTION B (If blank, see resulting award)

Mark For Code SEE SECTION B (If blank, see resulting award)

Service Approver (DoDAAC)

(If blank, see resulting award)

Service Acceptor (DoDAAC)

(If blank, see resulting award)

Accept at Other DoDAAC (If blank, see resulting award)

LPO DoDAAC (If blank, see resulting award)

DCAA Auditor DoDAAC (If blank, see resulting award)

Other DoDAAC(s) (If blank, see resulting award)

(* Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

See administer listed on page 1

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of Clause)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.233-3 PROTEST AFTER AWARD (DEVIATION 2026-O0038) (FEB 2026) FAR

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION 2026-O0038) (FEB 2026) FAR

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS, ALT I (DEVIATION 2026-O0038) (FEB 2026) FAR Alternate I As prescribed in 40.205(b), substitute the following paragraph (e)(1) for paragraph (e)(1) of the basic clause:

(e) Governmentwide exclusion and removal orders.

(1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (e) (1). [Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:] Yes [] No [] DHS FASCSA Order Yes [] No [] DoD FASCSA Order Yes [] No [] DNI FASCSA Order

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 18 PAGES

SPE2DH-27-Q-0012

Part 12 Clauses (CONTINUED)

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2026-O0025)

(JUN 2026) DFARS

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2023) DFARS

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2022) DFARS

252.240-7995 PROHIBITION ON CONTRACT AWARDS WITH ENTITIES THAT CONTRACT WITH LOBBYISTS FOR CHINESE

MILITARY COMPANIES -- REPRESENTATION (DEVIATION 2026-O0025) (SEP 2026) DFARS

Standard Element ZB_240_7999 has no Title

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) DFARS

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 2023) DFARS

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

52.247-34 F.O.B. DESTINATION (JAN 1991) FAR

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA --- BASIC (OCT 2024) DFARS

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

(a) Definitions. As used in this clause -- “Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any water-borne transportation aboard a ship, vessel, boat, barge, ferry, or the like outside the internal waters of the United States as defined in 33 CFR 2.24.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means supplies that are clearly identifiable for eventual use by or owned by DoD at the time of transportation by sea, or are otherwise transported by DoD, regardless of ownership or use by DoD. An item is clearly identifiable for eventual use by DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

“U.S.-flag vessel” means either a vessel belonging to the United States or a vessel of the United States as that term is defined in 46 U.S.C. 116..

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if --

(i) This contract is a construction contract; or

(ii) The supplies being transported are --

(A) Other than commercial products; or

(B) Commercial products that --

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request, via the Contracting Officer, a waiver of the requirement to use a U.S.-flag vessel, or identification of any available U.S.-flag vessels, if the Contractor or a subcontractor sufficiently explains that --

(1) U.S.-flag vessels are not available at a fair and reasonable rate for commercial vessels of the United States; or

(2) U.S.-flag vessels are otherwise not available.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, however, if a DoD waiver is not approved prior to shipper's sailing date, this will not of itself constitute a compensable delay under this or any other clause of this https://www.acq.osd.mil/dpap/dars/dfars/html/current/247_5.htm

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 18 PAGES

SPE2DH-27-Q-0012

Part 12 Clauses (CONTINUED) contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of current, diligent efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of quotes will suffice for this purpose. Copies of telephone notes, emails, and other relevant communications will otherwise be considered for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the carrier.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief --

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had received a prior-approved waiver for U.S.-flag vessels for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of DoD. The Contractor shall describe these shipments in the following format:

* ITEM DESCRIPTION CONTRACT LINE

ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor --

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of this clause.

(i) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) FAR

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

As prescribed in 52.107(b), insert the following clause:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 18 PAGES

SPE2DH-27-Q-0012

Part 12 Clauses (CONTINUED)

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: https://www.dla.mil/Acquisition/Policy-and-Directives/

52.253-1 COMPUTER GENERATED FORMS (DEVIATION 2026-O0038) (FEB 2026) FAR

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

Part 12 Provisions

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2026-O0038)

(FEB 2026) FAR

PROVISIONS ADDED TO PART 12 BY ADDENDUM

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) DFARS

52.207-4 ECONOMIC PURCHASE QUANTITY---SUPPLIES (AUG 1987) FAR

As prescribed in 7.203 , insert the following provision:

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this…

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