RFQ_SPE60523Q0365.pdf

SPE605-23-Q-0365

COMBINED SYNOPSIS/SOLICITATION

ISSUED October 6, 2023

Part: U.S. Government Procurements

Subpart: Supplies, Equipment, and Materials

Class Code: 91 – Fuels, Lubricants, Oils and Waxes

Address of Contracting Office: Defense Logistics Agency, 8725 John J. Kingman Road, Suite 4950, Ft. Belvoir, Virginia 22060- 6222, United States of America

Subject: Turbine Fuel, Aviation, (JP8)

Solicitation Number: SPE605-23-Q-0365

Question Due Date: October 9, 2023, 12:00 PM local Ft. Belvoir time.

Quotes Due: October 13, 2023, 12:00 PM local Ft. Belvoir time.

Point of Contact: Romeo Smith, Phone number:571-459-8479 Email:Romeo.Smith@dla.mil, Ashley Koritzer, Phone number:

571-767-2342 Email: Ashley.Koritzer@dla.mil and Augustus Patterson, Phone number: 571-585-1435 Email:

Augustus.Patterson@dla.mil

Description of Requirement:

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Quotes are requested under Request for Quotations (RFQ) SPE605-23-Q-0365 for items listed under B-0001 B1.05 SUPPLIES TO BE

FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012).

2. All CLINs will be evaluated and awarded on an “all or none” basis. The successful offeror will be the overall lowest price technically acceptable offeror based on the total for both CLINs. Offerors must offer on both CLINs in order to be eligible for award.

3. The performance period for this requirement is from January 1, 2024 to February 29, 2024 for line items 0001 and 0002.

Delivery is FOB Destination.

4. Please see Attachment I to this RFQ for Instructions for the PMNOC approval process. Note the awardee must file for fuel allocations with the OPDC prior to October 31, 2023.

5. The PMNOC approval process is required for deliveries to Al Asad Air Base only.

6. The estimated quantity is the total quantity for the 2 months.

Specific Instructions:

1. DLA Energy requires immediate support for the acquisition of Aviation Fuel (JP8) This requirement is being posted to

SAM.gov for only 7 days. Due to the urgency and need to have performance by the dates specified herein, the agency is unable to allow more than 7 days. Vendors and subcontractors submitting quotes must already be fully registered and approved in the JCCS (Joint Contingency Contracting System) by the solicitation deadline. Vendors and subcontractors are required to submit their JCCS registration number with their offer. Government will reject an offer if the vendor or any of its subcontractors have not already been fully approved in JCCS with all required documents uploaded by the deadline for receipt of quotes. Awards will not be made to any vendor unless that vendor and any of its subcontractors are already fully approved in JCCS with a valid future expiration date.

2. Award for this requirement will be made to the lowest-priced and technically acceptable offeror. DLA Energy reserves the right to make multiple awards as a result of this RFQ. Any deviation from the terms, conditions, or requirements of this RFQ may result in offers being determined ineligible for award. Potential offerors are encouraged to submit any questions regarding this solicitation to the DLA Energy Point of Contact during the questions are due October 9, 2023 12:00 PM local Ft. Belvoir time. Responses to all questions will be provided to all interested parties via an amendment and posted to mailto:Ashley.Koritzer@dla.mil mailto:Augustus.Patterson@dla.mil

SAM.GOV (www.sam.gov).

3. FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items (SEP 2023) applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM). SAM is an official U.S.

Government system, and all offerors are required to be registered in this system. There is NO fee to register for this site.

Please provide your CAGE Code from SAM with your offer.

4. Offerors shall submit a copy of a Certificate of Analysis (COA) or Certificate of Quality (COQ) for the product offered from their supplier/refinery with their offer. The certificate of analysis shall have test results of a recent batch (within the past 3 months) of the required products. COAs and COQs not meeting the standard will be deemed technically unacceptable resulting in the quote not being considered for award. Third party testing is recommended to all vendors for their COAs and COQs.

5. The Government contemplates award(s) of a Firm Fixed Price contract resulting from this combined synopsis/solicitation for delivery to various locations within Iraq.

6. When submitting offers, please note the RFQ number SPE605-23-Q-0365 in the subject line of the email. Please note that the offeror assumes all risk for any delay in the transmission of their quotes. Any offers received after the deadline of October 12, 2023 12:00 PM local Ft. Belvoir time will not be considered. All offerors are encouraged to review FAR 52.212-1 INSTRUCTIONS TO OFFERORS and solicitation provision L2.11-4 EMAIL PROPOSALS. All offerors are further encouraged to submit their quotes early. Offerors will receive an e-mail from DLA Energy confirming receipt of quotes. If an offeror does not receive an email confirming receipt of quote by DLA Energy, call the contract specialist.

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012)

(1) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision.

(2) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.

(3) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements.

SUPPLIES DELIVERY POINTS ESTIMATED OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY (USG) PRICE ($/USG)

0001 Turbine Fuel, Aviation (JP8) 176,558 USG $______________/USG

NSN: 9130-01-031-5816

Delivery Address:

Bashur Air Base Bashur Air Base IQ

Service Code

USAF

Delivery DODAAC

W58EVU

Ordering DODAAC

SJ0629

Ordering POC Ordering POC Phone Ordering POC Email DLA ME Customer Ops 318-439-6498 DLAEnergyMECustomerOps@dla.mil

No. of Tanks Capacity Type Tank Location 3 50,000 Bladders Bashur Air Base

Delivery Notes: The delivery POC is AMANDA M. ROSS, rossam@SOC.SMIL.Mil, 706 421-7086. A Tank Truck with pump and meter is the required delivery mode. Alternate contact number is 0751-017-3401. All JP-8 deliveries need to come equipped with an adapter to connect to a 4 inch female CAMLOC. All mogas deliveries are delivered every other Thursday.

Tanks are top loaded. Delivery tickets are required.

http://www.sam.gov/

0002 Turbine Fuel, Aviation (JP8) 1,694,448 USG $______________/USG

NSN: 9130-01-031-5816

Delivery Address:

Al Asad Air Base Al Asad, Iraq

Service Code Army

Delivery DODAAC

W58EVT

Ordering DODAAC

SJ0629

Ordering POC Ordering POC Phone Ordering POC Email DLA ME Customer Ops 318-439-6498 DLAEnergyMECustomerOps@dla.mil

No. of Tanks Capacity Type Tank Location 7 210,000 Bladder(s) Al Asad Air Base AAAB

Delivery Notes: The delivery POC is WENDELL SPENCE, wspence@louisberger.com , +0771-994-3474. A Tank Truck with pump and meter is the required delivery mode. ALL delivery truck drivers must possess all documentation required for base access.

Documentation must be current and valid. Movement of fuel is dependent on GLOC schedule set by the SLC MCT, amounts verified by SLC CL III and customers. Vendor must be able to provide adapters/ connections for 2 in, 3in and 4 inch connections. Must have cam-loc and unisex couplings with a minimum 20 ft hose. Sites will verify amounts received in storage tanks by meter on vendor truck and strap chart/gaging on tank. Delivery tickets are required.

C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN /WEST)

(WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY OCT 2018)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-01-031-5816 Turbine Fuel, Aviation JP8

Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with any existing or after-imposed Title V (Clean Air Act) Permits. The list of such requirements contained in this contract is not intended to be a complete list, and the Contractor shall be responsible for determining the existence of all such requirements. Selected regional environmental requirements are highlighted in the SPECIFICATIONS (CONT’D) clause. In the event that a Federal, State, or local environmental requirement is more stringent than a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent fuel specification. Product that fails to meet the more stringent fuel specification will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited above. In the event that compliance with the more stringent fuel specification causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

(a) Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133K, dated July 18, 2018. See nomenclature above.

(b) INCIDENTAL CONTAMINANTS. Particulate Matter and Fatty Acid Methyl Ester (FAME) content shall not exceed the limits outlined in Table IV of MIL-DTL-83133K dated July 18, 2018.

(c) SPECIFICATION MODIFICATIONS. Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133K modified as follows:

1. TESTING

(i) FILTRATION TIME TESTING. For filtration time testing round upwards when reporting the filtration time, in minutes. For example, a filtration time of 10 minutes, 18 seconds, would be reported as 11 minutes.

(ii) MICROSEPAROMETER (MSEP) RATING LIMITS. See MIL-DTL-83133K, Table 1, Note 15 for

MSEP test method selection criteria.

A .Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces fuel system icing inhibitor (FSII), corrosion inhibitor/lubricity improver (CI/LI), and/or static dissipater additive (SDA) after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests.

B. If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a hand blend containing aviation turbine fuel, FSII, CI/LI, and antioxidant (AO) (AO only if required). The FSII shall be included in this hand blend at a concentration of 0.07 to 0.10 volume percent and the amount of the CI/LI included shall be within the concentration range specified in QPL-25017. The additional MSEP result of this hand blend is a REPORT ONLY requirement, and shall be recorded corresponding to item 750X on the Standardized Report Form (see Attachment ). This result shall be recorded with an asterisk next to it, and with a footnote below, stating, “*MSEP result is a ‘Report Only’ requirement. Original result of (fill in actual result) on product containing the following additives: (fill in combination of additives).”

(iii) WORKMANSHIP. The workmanship criteria in MIL-DTL-83133K, paragraph 3.5, is revised to read, “At the custody transfer point, the finished fuel shall be clear and bright and visually free from undissolved water and particulate matter in accordance with approved test methods. ASTM D4176 or ASTM D6986 may be used. In case of dispute as determined by sample results taken from the custody transfer point, the fuel shall be clear and bright at 21 degrees Celsius (°C) (70 degrees Fahrenheit [°F]) and shall contain no more than 1.0 mg/L of particulate matter. The sample in dispute shall be taken into an area where the sample is permitted to slowly equilibrate to 21°C (70°F); this shall apply to either D4176 or D6986.”

• ASTM D6986 shall be the referee test method, see requirements, as drafted, in MIL-DTL-83133K, section

3.5.

• For ASTM D 4176, Procedure 2, with a result of Rating 1, maximum. If the sample fails ASTM

D4176 only because it contains visible particulate matter, but meets the particulate matter requirements of 1.0 mg/L maximum as stated in MIL-DTL-83133K, Table IV, the workmanship criteria is met.

2. SPECIAL LOCATION REQUIREMENTS

(i) Rocky Mountain/West. Aviation fuel movement via the Chevron Pipeline (Utah, Idaho, or Washington state entry points) shall be limited to total sulfur content of 0.15 mass percent, maximum.

(ii) Alaska. For fuels refined in Alaska and delivered to Alaska locations, the total acid number shall be relaxed to

0.020 mg KOH/g maximum.

(d) ADDITIVES. Additives are required for deliveries of JP8 per MIL-DTL-83133K, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement.

1. The CI/LI additive(s) used shall be of the type and concentration cited in QPL-25017. To locate this information:

(1) Go to the Acquisition Streamlining and Standardization Information System (ASSIST) Quick Search website (URL http://quicksearch.dla.mil/), (2) type "QPL-25017" in the Document ID field, press the Search button, (3) click the QPL- 25017 search result under Document ID, (4) click the "Qualification" link under Overview [or the "View QPD data" link under Revision History], and (5) click the “MIL-PRF- 25017 CATEGORY 1” link under Govt Designation. The concentration range for each additive is listed under the “Source Notes” link under the far right column of the table.

2. Metal deactivator additive (MDA) shall not be used in JP8 unless the Contractor has obtained written consent from the Contracting Officer.

3. The requirement for SDA (see MIL-DTL-83133K, paragraph 3.3.3 and fuel electrical conductivity requirement in Table

(i) shall not apply unless stated otherwise in the Schedule. Line injection of additives (FSII, CI/LI, and SDA) from shipping tank to delivery conveyance is permitted under the following conditions:

(a) A laboratory hand blend containing the required additives and aviation turbine fuel shall be tested to verify compliance with the specification.

(b) Additives shall be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the product. The Contractor shall maintain records evidencing the homogeneous blending of all line-injected additives. Such records shall include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process.

(c) When FSII is line injected, additive concentration shall be verified based on a representative sample from each shipping conveyance.

(d) When SDA is line-injected, and insufficient time is available for the fuel to reach equilibrium before departure of the shipping conveyance, the Contractor shall verify conductivity level on a representative sample from each shipping conveyance. The receiving activity will measure the conductivity and advise DLA Energy if it does not meet the specification requirements.

(4) SPECIAL LOCATION REQUIREMENTS (ATL/EUR/MED ONLY)

(i) For deliveries to La Spezia, Italy, the CI/LI shall be 3.5 g/m3 above the minimum effective concentration as identified in QPL-25017. See paragraph (c)(1) above.

(ii) When AO is added to the hydrotreated portion of the finished product, the percentage of the blend that has been hydrotreated shall be reported.

(iii) MIL-DTL-83133K, paragraph 3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule.

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES

(PC&S) (DLA ENERGY AUG 2005)

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence when the discharge hose is http://quicksearch.dla.mil/) connected to the receiving line at the delivery point and will end when discharge is completed. The Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required.

(1) Free time for unloading a transport truck or truck and trailer (includes one hour minimum plus any additional time):

(2) Rate for detention beyond free time:

The above will not be considered in the evaluation of offers for award except that a free time of less than one hour may render an offer unacceptable. Notwithstanding the above, the Government is entitled to at least as much free time as is allowed by the common carrier or that the Contractor normally allows its regular commercial customers, whichever is greater.

Free time only applies to single-drop deliveries (it is not applicable to multiple-drop tank truck/truck and trailer deliveries or any tank wagon deliveries).

(b) Notwithstanding the above, the Government will not pay more in detention rates than the actual rate charged by the common carrier or the rate the Contractor normally charges its regular commercial customers, whichever is lower. Detention costs will be the sole responsibility of the activity incurring them and are only allowable on single drop deliveries (they are not allowable on multiple drop tank truck/truck and trailer deliveries or any tank wagon deliveries. Invoices for detention costs will be submitted by the Contractor directly to the activity receiving the product. These provisions are applicable to DLA- owned/capitalized as well as non-DLA-owned/noncapitalized products.

(c) UNLESS THE OFFEROR OTHERWISE INDICATES IN PARAGRAPHS (a)(1) AND (a)(2) ABOVE, FREE TIME WILL BE CONSIDERED UNLIMITED AND DETENTION COSTS WILL NOT BE

CHARGEABLE.

F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA ENERGY SEP

2005)

(a) INVOICE QUANTITY. The invoice quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. DESTINATION – DELIVERIES BY TANK TRUCK, TRUCK AND

TRAILER, OR TANK WAGON.

(i) If the narrative requires a tank truck with meter, a truck and trailer with meter, or tank wagon (which is always equipped with a meter), that meter shall be used to determine invoice quantity at time of delivery. The quantity shall be read directly from the meter;

otherwise--

(ii) The Government may elect to determine invoice quantity at the receiving activity at the time of delivery on the basis of --

(A) Weight, using calibrated scales; or

(B) A calibrated meter on the receiving tank system.

(iii) If the Government does not require the method in (a)(1)(i) above and does not elect to use the methods in (a)(1)(ii) above, the Contractor may then elect to provide equipment that enables the Government and the Contractor to determine invoice quantity at destination at the time of delivery by one of the following methods:

(A) A calibrated meter on the delivery conveyance. The quantity shall be read directly from the meter; or

(B) Gauging the delivery conveyance. Certified capacity tables and a dipstick for the conveyance must be made available at the time of delivery. This method may not be used in areas where environmental restrictions prohibit the opening of dome hatches; or

(C) Provide the receiving activity with the net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales. This quantity must be mechanically imprinted on the loading ticket that is generated by the loading rack meter or scales and the entire quantity must be off-loaded at the receiving activity. Immediately after loading, each truck shall be effectively sealed with serially numbered seals to preclude opening any fuel compartment opening (hatch, manifold, sump, etc.). The truck driver is prohibited from applying any seals. All seal numbers used on each truck shall be recorded on the loading document for that truck. If at destination, all seal numbers do not match those on the loading document or all the seals are not intact, the receiving activity is not obligated to accept the quantity from the loading point and may choose to reject the delivery or determine quantity by an alternate method.

(iv) VOLUME CORRECTION. To convert gross measured quantities to net quantities of gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius), use Volume Correction Factors and the API gravity (or density at 15 degrees Fahrenheit) (see (b)(1) below). Volume correction to a standard temperature of 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for--

(A) All product volumes determined by meters on the (receiving) tank system;

(B) All product volumes determined by weight using a calibrated scale;

(C) All product volumes determined by loading rack meter;

(D) All product volumes of residual fuels measured in tank trucks or truck and trailers. For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) No. 4 Fuel Oil (ASTM D 396); and gallons of quantity.

(E) All other product volumes measured in tank trucks or truck and trailers that are in excess of 5,000

(v) The Contractor has the right to have a representative present to witness the delivery and measurement

(vi) WATER BOTTOMS.

(a) Every delivery must be free of all water bottoms prior to discharge; and

(b) The Contractor is responsible for their removal and disposal.

(2) F.O.B. ORIGIN. – DELIVERIES INTO TANK TRUCK/TRUCK AND TRAILER/TANK

WAGON.

(i) On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis, the invoice quantity shall be determined (at the Contractor’s option) on the basis of--

(A) Certified capacity tables of the conveyance loaded;

(B) Calibrated meter; or

(C) Weight, using calibrated scales.

(ii) VOLUME CORRECTION. Invoice quantities for all residual fuels and for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) No. 4 Fuel Oil (ASTM D 396).

(iii) The Government has the right to have a representative present to witness the measurement of quantity.

b) MEASUREMENT STANDARDS. All measurements and calibrations made to determine invoice quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the United States, other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or surveyor. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized

Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and ISO 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine and the 2004 version of the standard will be the referee method.

(i) For all fuels and fuel oils, Tables 5B and 6B (or Tables 53B and 54B) shall be used to determine the volume correction factor for conversion to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) Liters shall be converted to gallons by dividing liters by 3.78541 liters per gallon or multiplying liters by

0.264172 gallons per liter. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

(iii) If the original measurement is by weight and invoice quantity is required by U.S. gallons, then--

(A) Volume XII of the adjunct to ASTM D 1250, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit. Convert kilograms to metric tons by dividing by 1,000.

(B) Volume XI of the adjunct to ASTM D 1250, Table 8, shall be used to convert pounds to U.S.

gallons at 60 degrees Fahrenheit.

(2) API MPMS Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

PROVISION/CLAUSES INCORPORATED BY REFERENCE:

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec

2022) FAR 52.223-3 Hazardous Material Identification And Material Safety Data (Feb 2021) FAR 52.246-2 Inspection of Supplies – Fixed-Price (Aug 1996) FAR 52.247-34 F.O.B. Destination (Nov 1991) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022) DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (FEB 2019) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

PROVISION/CLAUSES INCORPORATED IN FULL TEXT:

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause. (b) The permissible variation shall be limited to: 10% Percent increase 10% Percent decrease

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

(End of Clause)

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(1) The solicitation number;

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

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

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

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

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

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

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

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

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

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

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

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

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one.

The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

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

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

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

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

(4) A summary of the rationale for award;

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

https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11

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

(End of provision)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (SEP 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_25

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13

CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-121

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13

CFR 127.300.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not…