SPE8E3-23-R-0001 MRO CENTCOM SOLICITATION.pdf

SOLICITATION SPE8E3-23-R-0001 P a g e | 1

Table of Contents Continuation of Blocks from the Standard Form 1449 4 Block 8, Offer Due Date/Local Time 4 Block 9, Issued By 4 Block 17a, Contractor/Offeror 5 Block 17b, Remittance Address 5 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 5 Solicitation Response Sheet for “No Offer” 9

Caution Notices

Contractor Code of Business Ethics 16

Contract Clauses 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF

1449, Block 27a)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items

Addendum Containing Supplementary Clauses in Full Text and by Reference 25 52.203-16 Preventing Personal Conflicts of Interest 25 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use

52.211-15 Defense Priority and Allocation Requirement 31 52.211-16 Variation in Quantity 31 52.211-8 Time of Delivery 31 52.216-18 Ordering 32 52.216-19 Order Limitations 33 52.216-22 Indefinite Quantity 33 52.216-27 Single or Multiple Awards 34 52.217-9 Option to Extend the Term of the Contract 34 52.223-3 Hazardous Material Identification and Material Safety Data 34 252.223-7001 Hazard Warning Labels 35 52.252-2 Clauses Incorporated by Reference 36 52.204-6 Unique Entity Identifier 36 52.204-9 Personal Identity Verification of Contractor Personnel 36 52.204-13 System for Award Management Maintenance 36 52.204-16 Commercial and Government Entity Code Reporting 36 52.204-17 Ownership or Control of Offeror 36 52.204-18 Commercial and Government Entity Code Maintenance 36 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 36 52.208-9 Contractor Use of Mandatory Sources of Supply or Services 36 52.209-7 Information Regarding Responsibility Matters 36 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

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252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism

252.225-7002 Qualifying Country Sources as Subcontractors 36 252.225-7005 Identification of Expenditures in the United States 37 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese

Military Companies

252.225-7030 Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate 37 252.225-7039 Defense Contractors Performing Private Security Functions Outside the

United States

252.225-7048 Export Controlled Items 37 52.232-11 Extras 37 52.232-17 Interest 37 52.232-39 Unenforceability of Unauthorized Obligations 37 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 37 52.242-13 Bankruptcy 37 52.242-15 Stop Work Order 37 52.247-34 F.O.B. Destination 37 52.253-1 Computer Generated Forms 37 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 37 252.204-7000 Disclosure of Information 37 252.204-7003 Control of Government Personnel Work Product 37 252.225-7041 Correspondence in English 37 252.225-7042 Authorization to Perform 37 252.225-7993 Prohibition in Providing Funds to the Enemy 37 252.225-7995 Contractor Personnel Performing in the United States Central Command

Area of Responsibility

252.225-7996 Acquisition Restricted to Products or Services From Afghanistan, A Central Asian State, Pakistan, or the South Caucasus

252.225-7998 Preference for Products or Services From Afghanistan, A Central Asian State, Pakistan, or the South Caucasus

252.225-7999 Requirement for Products or Services From Afghanistan, A Central Asian State, Pakistan, or the South Caucasus

252.232-7006 Wide Area Workflow Payment Instructions 37 252.243-7001 Pricing of Contract Modifications 37

STATEMENT OF WORK 37

Solicitation Provisions

52.212-1 Instructions to Offerors—Commercial Items 68 Addendum to 52.212-1 72 52.212-2 Evaluation—Commercial Items 86 52.212-3 Offeror Representations and Certifications—Commercial Items, Alternate

I

Addendum Containing Supplementary Provisions in Full Text and by Reference 111 52.216-1 Type of Contract 111 5452.233-

Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 111

52.252-1 Solicitation Provisions Incorporated by Reference 111

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252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 112 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran - Representation and Certification

52.214-34 Submission of Offers in the English Language 112 52.214-35 Submission of Offers in U.S. Currency 112 52.222-24 Pre-Award On-Site Equal Opportunity Compliance Evaluation 112

Procurement Notes

C01 Superseded Part Numbered Items 112 C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing

Sources and Obsolete Materials or Components

C03 Contractor Retention of Supply Chain Traceability Documentation 112 C06 Surge and Sustainment (S&S) Requirements 113 C08 Tailored Logistics Support Purchasing Reviews 114 C10 Placement of Task or Delivery Orders Against Multiple Indefinite

Delivery Contracts

C14 Correction of Nonconforming Packaging or Marking 116 C18 Shipping Instructions for Export and U.S. Territories 116 C19 Trans-Shipment of Material through DLA Containerization and

Consolidation Points (CCP)

E05 Product Verification Testing 119 E07 Evaluation Factor for Origin Inspection 120 G01 Additional Wide Area Workflow (WAWF) Information 120 H14 Contractor Personnel Security Requirements 120 L02 Electronic Order Transmission 123 L06 Agency Protests 124 L18 Surge and Sustainment (S&S) Requirements – Instructions to Offerors 124 L19 Surge and Sustainment (S&S) – Capability Assessment Plan (CAP) 125 L27 Addition and Deletion of Items 125 L31 Additive Manufacturing 125 M07 Surge and Sustainment (S&S) Evaluation 125

Additional Clauses as Applicable 126

ATTACHMENTS

Attachment A-Price Evaluation List (PEL) Spreadsheet Attachment B-List of Current CENTCOM Customers

Attachment C-Sample of Request for Quote (RFQ) Layout Attachment D-Data Specification Document

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Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: August 21, 2023, at 3:00 PM EST.

2. Block 9

The DLA Internet Bid Board System (DIBBS)* electronic upload is the preferred method of proposal submission.

*DIBBS is a web-based application that provides the capability to search for, view, and submit secure quotes for Defense Logistics Agency (DLA) items of supply.

Navigate to: https://www.dibbs.bsm.dla.mil// and select Registered User Log In.

Once logged in, you will be able to submit an offer in response to Solicitation Number SPE8E3-23-R-0001 found on the RFP search screen by selecting the “Offer” icon. The button will only be selectable for vendors who are logged onto DIBBS. If not logged in yet, DIBBS will take you to the log in screen.

You may use this screen to upload a completed offer and all associated documents. The offer must be signed and completed in its entirety in accordance with the solicitation requirements. Do not select submit until all associated documents are added. No data will be saved unless the offer is submitted. Once submitted, documents may be added, but not removed.

After upload of your proposals and submission of your offer, you will be able to print a receipt with the Date and Time Stamp of when the offer was submitted. This is strongly encouraged.

Email offers are also authorized for the receipt of initial proposals.

Address and Submit “email” offers to:

Aria Gessner Email: Aria.Gessner@dla.mil Contracting Officer, FCB Construction & Equipment Directorate DLA Troop Support Solicitation Number: SPE8E3-23-R-0001 Opening/Closing Date and Time: July 10, 2023-August 21, 2023, 3:00 PM EST

Notes:

• Mailed offers, hand-carried offers and facsimile offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation, amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via mailed offers, hand-carried offers, facsimile, and/or email responses at the Contracting Officer's discretion.

• If the offeror is unable to timely upload its’ proposal in DIBBS or timely email its’ submission for any reason, this will not constitute an acceptable excuse to submit a late offer.

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3. Block 17a › Offeror’s assigned Unique Entity Identifier Number: _______________

Note: (If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

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

5. Continuation of Blocks 19-22: Schedule of Supplies/Services

A. DLA Troop support intends to award multiple Indefinite Delivery/Indefinite Quantity (IDIQ) Maintenance Repair and Operations (MRO) Tailored Logistics Support (TLS) Contracts under this single solicitation to support MRO requirements in in the Central Command (CENTCOM) Area of Responsibility (AOR). The CENTCOM AOR includes the following countries: Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, the United Arab Emirates, Yemen, Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Items to be ordered under this contract are to be submitted in accordance with the section titled “Statement of Work (SOW)” of this Solicitation. The Government intends to make up to five, multiple awards under this Solicitation. All delivery orders will be competed amongst the contract holders.

B. PRODUCT SUPPORT: Each awardee will be responsible for supplying, to authorized customers under the resulting contracts, various types of MRO products. The items to be supplied include, but are not limited to: Heating, Ventilation, and Air Conditioning (HVAC) products; plumbing supplies (including bath and shower items, ablution units); electrical products (including generators, wire/cable, connectors, sockets, outlets, lights, etc.); tools of various kinds; chemical, lubricating, and rubber products and products including same; construction supplies (including but not limited to cement, lumber and plywood, bricks, blocks, steel, aluminum, and other metal products, conduits, prefabricated structures to include re-locatable buildings (RLBs & ablution units), etc., perimeter security items such as barriers, barbed wire, concertina wire, and sandbags (also used for erosion prevention)]; paint, landscape and grounds supplies, communication devices (such as walkie-talkies, two-way radios, etc. used by the maintenance personnel); appliances (excluding food service equipment); janitorial and sanitation products; and various other commercial supplies required by the warfighters to accomplish their mission as it pertains to facilities maintenance or sustainment. All items are commercial products. All items are to conform to the manufacturer’s commercial specifications.

C. PRICING:

1. Offerors will provide firm fixed ceiling prices for the Price Evaluation List (PEL). The contractor must provide ceiling prices on a minimum of 95% (92 items) of the 97 items on the PEL for each destination identified (Camp Arifjan, Kuwait and Isa Air Base, Bahrain). Offerors may offer alternate items; however, the offeror must provide a complete technical data package for both the alternate item being offered as well as the exact item on the PEL for purposes of comparison, to demonstrate their equivalence in form, fit, and function. If the item is determined equal in form, fit, SOLICITATION SPE8E3-23-R-0001 P a g e | 6 and function to the item on the PEL, it will be accepted and counted toward the minimum 95% requirement. Determinations as to whether or not alternate items offered will be technically acceptable for the purposes of particular requirements will be made at the sole discretion of the Government. Alternate items determined unacceptable will not count towards the 95% minimum of PEL items required to be priced and will not be evaluated. Offerors are cautioned that if an item submitted as an alternate is not found to be acceptable by the Government and the pricing proposal does not include pricing for at least 95% (92 items) of the 97 items listed on the Price Evaluation List or acceptable alternates, then its offer may not be considered for award. Prices offered to the Government shall not exceed the commercial selling prices and shipping rates at which the prime vendor’s commercial supplier(s) and/or subcontractor(s) routinely offer the same quantity of their products or services for sale to the general public in the ordinary course and conduct of their businesses. All prices are subject to verification.

2. Base Period and Option Period Prices: Prices supplied for exact items or acceptable alternate common items on the Price Evaluation List of 97 items will be used for evaluation purposes, and if determined fair and reasonable, will be awarded as firm-fixed ceiling prices. The fixed prices will constitute a Not to exceed CEILING PRICE for the first SIX MONTHS* of the BASE PERIOD (3-year term) and the first SIX MONTHS* of each OPTION TERM (two (2) one-year terms) for each destination (Camp Arifjan, Kuwait and Isa Air Base, Bahrain) on any resultant contract for the MRO CENTCOM Tailored Logistics Support Program.

*Prices offered for the items on the Price Evaluation List and prices offered for alternate items accepted by the Government will be awarded as firm-fixed ceiling prices for the first six months of the base period and first six months of each one-year option period for each destination. However, those items designated as subject to more price volatility will have the pricing fixed as a ceiling price for the first three months of the base period and the first three months of each one-year option period for each destination. PEL unit prices are inclusive of both the acquisition price, transportation costs, and the “other costs” component. The acquisition price is defined as the actual invoice price of the product and/or incidental service that the prime vendor pays its sub-contractor or supplier for the material or incidental service ordered under a contract line item, less the value of any rebates, discounts (including prompt payment discounts), payments, fees, and/or remittances of any kind received by the prime vendor from its sub-contractor(s) or supplier(s) in connection with its fulfillment of that contract line item (whether received prior to or after issuance of the delivery order). The acquisition price shall not include the value of any markups, fees, charges, or other costs imposed upon the prime vendor by any affiliate(s) (see FAR 2.101) of the prime vendor above and beyond what the affiliate entity pays its supply source. In the case of an awardee that is a joint venture, the acquisition price shall be fixed at the lowest price available to the joint venture or any of its constituent entities and shall not include a) the value of any markups, fees, charges, or other costs imposed upon the joint venture by its constituent entities or any affiliate(s) (see FAR 2.101) of its constituent entities, or b) the value of any markups, fees, charges, or other costs imposed upon the joint venture’s constituent entities by any affiliate(s) (see FAR 2.101) of its constituent entities. The “other costs” component is defined as costs associated with supplier/TLS vendor costs for consolidating, shipping and handling; sea, air and/or ground transportation costs; all export and import customs documentation required to transport material to the customer location outside of the USA territory, including, but not limited to: Manifests, Inspection Certifications, and Transportation Documents; the TLS vendor fee; and any other applicable taxes and fees.

Note: Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.

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D. TERM: The contracts resulting from this solicitation will be Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts with a base ordering period of three (3) years and two (2) one-year option periods for a maximum term of five (5) years. Each contract awarded will contain a provision for unilateral option(s) on the part of the Contracting Officer to extend the term of the contract. A 60-day implementation period is included, if needed, after award. The 60-day implementation is included in the base period.

E. ESTIMATED DEMAND: The estimated annual sales set forth in the solicitation are GOOD FAITH

ESTIMATES ONLY based on the best data available do the Contracting Officer at the time of issuance of this solicitation, and do not constitute a guarantee that this volume or value will actually be ordered under any resultant contract. Offerors must consider any business risks associated with the estimates and include them within the breadth of their proposals.

Total Estimated Value (5 Years): $50,000,000.00 Estimated Value Base Period (3 Years): $30,000,000.00 Estimated Value Option Year 1 (1 Year): $10,000,000.00 Estimated Value Option Year 2 (1 Year): $10,000,000.00

F. CONTRACT MINIMUM/MAXIMUM: For each awardee under a contract awarded under this solicitation, the Government guarantees that it will order a quantity of supplies having a minimum dollar value of $50,000.00 during the base period. The aggregate of delivery orders issued during the contract performance for each awardee during the base period will be applied to the minimum guarantee for each awardee. At the time when the aggregate of delivery orders equals or exceeds the guaranteed minimum for the contract, the guaranteed minimum will have been met and the Government's obligations with regard to the guarantee will have been satisfied. There is no guaranteed minimum for the option periods.

The maximum dollar value that can be obligated for all contracts awarded under this solicitation is $100,000,000.00, meaning that the cumulative obligations of all orders placed against the contract(s) resulting from this solicitation cannot exceed $100,000,000.00. The maximum of $100,000,000.00 represents the maximum for the acquisition; the sum of all orders against all contracts shall not exceed $100,000,000.00.

Note: The Maximum Contract Value is $100,000,000.00. The maximum dollar value of $100,000,000.00 accounts for potential surge and contingency requirements; however, $50,000,000.00 remains the estimated dollar value for the acquisition.

G. DELIVERY: See Page 50 “Delivery Requirements.”

H. PROPOSALS: Offerors must submit the following items for their proposal to be considered:

1. Signed copy of SF 1449 and signed copies of any solicitation amendments on the SF-30, if applicable

2. Completed copies of FAR 52.212-3

3. Non-Price Proposal

4. Price Proposal

5. Small Business Subcontracting Plan (if required)

NOTE: Mailed Offers, Hand-Carried Offers and Facsimile Offers are not acceptable forms of transmission for submission of initial proposals. As directed by the Contracting Officer, mail, facsimile, and email may be used during discussions/negotiations, if held, and for proposal revision(s)

SOLICITATION SPE8E3-23-R-0001 P a g e | 8 including Final Proposal Revision(s). Please refer to Page 4 of this document for the acceptable proposal submission methods.

The Government reserves the right to cancel this solicitation at any point or time as deemed necessary by the Contracting Officer. If this should occur, the Government will not be liable for an offeror’s solicitation preparation costs, or any other such related costs incurred.

In accordance with FAR 52.225-25, each offeror must certify that the offeror and any person owned or controlled by the offeror does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act. Each offeror shall update its representations and certifications accessed through https://www.sam.gov and/or by submission of an offer make the above certification (See FAR 52.212-3).

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SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: SPE8E3-23-R-0001

Offer Due Date/Time: August 21, 2023, at 3:00 PM EST

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

[ ] Do not regularly manufacture or sell the type of items involved

[ ] Other (specify):

[ ] We do

[ ] We do not desire to be retained on the mailing list for future procurements for the type of item(s) involved.

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer:

Signature:

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Caution Notice

Although the specific details of the following information are included within, the following list of items is intended to summarize key aspects of this solicitation and resulting contract. Please take notice and comply.

Proposals are being solicited for the Maintenance, Repair and Operations (MRO) Tailored Logistics Support (TLS) Program for logistical support of military commands, federal agencies, and other authorized DLA customers located in the Central Command Area of Responsibility (CENTCOM AOR) which includes the following countries: Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, the United Arab Emirates, Yemen, Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan and Uzbekistan.

1. Under the TLS program, there are estimated sales of $50,000,000.00 to support approximately 40 individual DoDAACs/ customers. The Department of Defense Activity Address Code (DoDAAC) is a six-position code that uniquely identifies a Department of Defense unit, activity, or organization. NOTE: The Contracting Officer estimates, based on an analysis of historical data for the current CENTCOM contracts, that the annual estimated number of delivery order lines was 243 and the annual estimated number of delivery locations was 40. THIS

INFORMATION IS A GOOD FAITH ESTIMATE ONLY AND IS IN NO WAY A GUARANTEE THAT

THESE FIGURES REPRESENT WHAT WILL BE REQUIRED UNDER ANY CONTRACT(S) RESULTING

FROM THIS SOLICITATION. By submitting a proposal, the Contractor acknowledges that due to the regional volatility of the CENTCOM AOR, surge and sustainment delivery requirements may arise at any time during the period of performance.

2. DLA Troop Support is a Major Subordinate Command (MSC) of the Defense Logistics Agency and is a combat support activity whose objective is to continue and expand its use of unique and innovative approaches for providing focused logistics support for its military and federal customers, as well as other authorized customers, for Maintenance, Repair and Operations requirements. The phrase “facility maintenance, repair, and operations” is also referred to as “facility sustainment, restoration, and modernization (SRM)” in some regulations. Proposals are being solicited for tailored logistics packages that, to the maximum extent practicable, will employ the techniques, advantages and economies of commercial business practices to reduce the total logistics cost to DLA Troop Support and its customers, and to provide rapid response, direct vendor delivery, advanced distribution, material management, total asset/in-transit visibility, and information fusion, in response to, and to the satisfaction of, DLA Troop Support customers’ demands, including surge requirements.

Therefore, to the maximum extent practicable, the contract(s) resulting from this solicitation shall integrate the business practices of the commercial industry and military supply distribution systems.

3. The Government intends to make multiple awards, with each awarded contract to provide all items designated. However, the Government reserves the right to make a single award if it is in the best interest of the Government. Contractors must be able to supply the MRO products as described to all authorized customers in the CENTCOM AOR. Customers will be Military Services / Department of Defense (DOD), other federal agencies, state and local governments, and other authorized customers of DLA Troop Support. It is anticipated that this initiative may expand to various other military and Government installations within the region. Any such additions or deletions made by DLA may result in a significant increase or decrease in the Government’s contract estimated dollar value, but the maximum contract dollar value will not be changed if and when new authorized customers are added.

4. The Government is seeking proposals that, to the maximum extent practicable, will employ the techniques, advantages, and economies of existing contractor commercial business practices to reduce the total logistics

SOLICITATION SPE8E3-23-R-0001 P a g e | 11 cost to DLA Troop Support and its’ customers. TLS vendors provide rapid response, direct vendor delivery, advanced distribution, total asset/in-transit visibility, and information fusion. Therefore, to the maximum extent practicable, any contract(s) resulting from this solicitation will integrate the business practices of the commercial and military supply distribution systems.

5. The items listed in the Price Evaluation List (PEL) represent estimates based on historical usage data.

Further, this list represents items ordered by current customers of the MRO CENTCOM program.

Other activities, as added to the contract, may require additional items, not identified on the list, but included in Product Support as listed on page 5 of this solicitation. This information will be furnished to the contractor prior to the inclusion of any respective installation. The PEL is a representative sample of the types of items currently supported under the MRO CENTCOM Tailored Supplier Logistics Program and is not a finite list of all items that will be supported under a contract awarded in response to this solicitation.

6. This solicitation is being solicited on an UNRESTRICTED basis. However, it should be noted there is an evaluation preference for HUBZone Small Business Concerns in accordance with FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. Proposals will be evaluated utilizing a Tradeoff Source Selection Process in accordance with FAR 15.101-1. For purposes of this solicitation, the non-price evaluation factors (Past Performance—Confidence Assessment and Technical Merit) are considered to be significantly more important than price. By weighting the non-price evaluation factors more than price, the Government anticipates that awards will be made to highly qualified, experienced contractors who are capable and committed to meeting the needs of the customers by providing a wide variety of commercial Maintenance, Repair and Operations items utilizing commercial distribution business practices and providing the customer with quality material, timely delivery, technical expertise, and customer support. Fair and reasonable prices are expected as this is a competitive solicitation. As the non-price ratings of offers become more equivalent, price will become more important. The non-price and price evaluation factors are contained in the Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services. Proposals will be evaluated in accordance with the Addendum to FAR Clause 52.212-2, Evaluation–Commercial Products and Commercial Services.

7. The resulting contracts will be Indefinite Delivery/Indefinite Quantity contracts with a base ordering period of three (3) years with two (2) one-year options. The resultant contracts will include a ramp-up/implementation period of 60 days, for the base ordering period only. The resultant contracts will contain a provision for the exercise of unilateral options on the part of the Government. Options will be exercised unilaterally, unless otherwise directed by the Contracting Officer. The exercise of options by the Contracting Officer is addressed in the clause at FAR 52.217-9 entitled “Option to Extend the Term of the Contract.” Acceptance of this clause is mandatory. Therefore, submission of a proposal/offer shall be considered the offeror's acceptance of the option provision.

8. Proposals are invited only on the basis of F.O.B. Destination in accordance with the clause at FAR 47.303-6.

Offers submitted on basis other than F.O.B. Destination will not be considered for award.

9. The offeror shall ensure all applicable clauses and certifications are completed in full. Proposals shall be prepared and submitted in accordance with the Addendum to FAR 52.212-1 and FAR 52.212-2 of this solicitation. These sections provide instructions on the preparation and evaluation of proposals.

10. Offerors are advised that the Preference for Certain Domestic Commodities/ Berry Amendment, Trade Agreements Act, and Buy American Act Restrictions apply to the resulting contracts, depending on the items

SOLICITATION SPE8E3-23-R-0001 P a g e | 12 requested by the ordering activities. Additionally, there are other procurement restrictions set forth in the regulations that may apply to specific products. Note that for this procurement the Trade Agreements Act will apply to all contracts awarded. Contractors must be aware of which provision applies at the time that they submit their offer and quotations and must comply with those provisions throughout the period of contract performance. Any deviations from the applicable sourcing restrictions without prior written approval from the Contracting Officer will be considered a material defect, material non-conformance, and breach of contract for which the Government may exercise any and all available remedies, including those set forth at FAR 52.212- 4(a), at the sole discretion of the Contracting Officer. Any such deviations may be expected to result in the assertion of a Government demand and claim for repayment from the awardee in the amount deemed necessary by the Contracting Officer to fully compensate the Government.

11. To be eligible for award on this requirement, Prime Contractors and their known or anticipated subcontractors at all tiers are required to register for installation access in the Joint Contingency Contracting System (JCCS) and are responsible for keeping the information in the system updated at all times.

Prime contractors and subcontractors at any tier may verify their registration at:

https://www.jccs.gov/jccscoe/

Select the “Vendors Login” module and log in with your username and password.

The offeror must be registered, approved, and eligible for installation access prior to award, and remain eligible for installation access for the life of the contract. Additionally, the offerors’ proposed OCONUS subcontractors, at all tiers must be registered, approved, and eligible for installation access prior to award, and remain eligible for installation access for the life of the contract. Further, the Government reserves the right to require all CONUS subcontractors (at any tier) to be registered, approved, and eligible for installation access prior to award and remain eligible for installation access for the life of the contract.

See Section 24 of the Statement of Work for more information regarding this requirement.

12. A Surge and Sustainment Plan/Capability Assessment Plan is not required for this acquisition. There are no surge requirements for any items included in the PEL at the time of this solicitation. Therefore, although Surge and Sustainment Plan clauses are contained in this solicitation, offerors are not required to submit a Surge and Sustainment Plan at this time. In the event that a surge item is added to the PEL during the pre-award stage or at the time of award, the offeror and/or awardee may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan, which will be provided at no additional cost to the Government.

13. Subcontracting Plans are required for other than small businesses in accordance with FAR 52.219-9, "Small Business Subcontracting Plan (Alternate II), located on Page 18 of this solicitation. Plans must be submitted with the initial proposal. Large businesses must submit a Small Business Subcontracting Plan as required with input into eSRS.

a. In the event that an annual company or division-wide subcontracting plan is submitted in response to this solicitation under the offeror’s Technical Proposal, offerors are reminded that the plan should be current, approved and cover the company’s fiscal year. A new plan should be submitted to the Procurement Contracting Officer at least 60 days before the existing plan expires.

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b. Subcontracting plans approved by other Government agencies should be company or division-wide in order to be applicable. All plans approved by another Government agency must be accompanied by the letter of approval issued by that agency.

c. A commercial plan (as defined in FAR 19.701) is the preferred type of subcontracting plan for contractors furnishing commercial items. The contractor shall—

Submit the commercial plan to either the first contracting officer awarding a contract subject to the plan during the contractor’s fiscal year, or, if the contractor has ongoing contracts with commercial plans, to the contracting officer responsible for the contract with the latest completion date. The contracting officer shall negotiate the commercial plan for the Government. The approved commercial plan shall remain in effect during the contractor’s fiscal year for all Government contracts in effect during that period; and (2) submit a new commercial plan, 30 working days before the end of the fiscal year, to the contracting officer responsible for the uncompleted government contract with the latest completion date. The contractor must provide to each contracting officer responsible for an ongoing contract subject to the plan, the identity of the contracting officer that will be negotiating the new plan. When the new commercial plan is approved, the contractor shall provide a copy of the approved plan to each contracting officer responsible for an ongoing contract that is subject to the plan.

14. After award, requests for supplies will be competed among awardees, except that the Government reserves the right to direct orders to a particular source under urgent circumstances or to provide economy and efficiency as a logical follow-on to an order already issued in accordance with FAR 16.505(b)(2), or to satisfy a guaranteed minimum. Award decisions may be made either by line item or in their entirety. In accordance with FAR 16.505 (b)(8), the following individual has been designated the delivery order ombudsman:

Mr. Robert Panichelle DLA Troop Support

700 Robbins Avenue, Bldg. 6-D-026 Philadelphia, PA 19111

Telephone: 215-737-5855 Facsimile: 215-737-7401

Email: Robert.Panichelle@dla.mil

15. Invoicing and Payment:

a. For purposes of receiving payment for material shipments (orders), the accepted electronic form for submission of payment requests and receiving reports is iRAPT in the Wide Area WorkFlow (WAWF) eBusiness Suite. Reference DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. TLS Contractors shall submit payment requests and receiving reports using iRAPT, in one of the following electronic formats that iRAPT accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. The Wide Area Workflow eBusiness Suite and iRAPT are available on the Internet at https://piee.eb.mil. Guidance and assistance are available from the DLA TROOP SUPPORT WAWF team personnel via email inquiry - DLATroopSupportwawfteam@dla.mil.

Note: After shipment, submission of payment requests and receiving reports can be submitted via an 810 Invoice should WAWF not be available. Unless otherwise directed during contract performance, invoicing for the MRO TLS Program will be at the line-item level. There should be a corresponding

SOLICITATION SPE8E3-23-R-0001 P a g e | 14 invoice line for each line on the 850/855 once the line has been shipped. Therefore, it is critical to maintain the same line-item number between the 850/855 and the 810. For example, if the item was listed as line-item number 1 on the 850/855 Purchase Order Transaction, it must be listed as line-item number 1 on the 810 Invoice. The government’s processing system, known as DLA Enterprise Business System (EBS), will be matching price and quantity per line item, along with the customer’s Material Receipt Acknowledgement (MRA) to make payment.

b. Fast Pay and Prompt Pay: In accordance with DLAD 13.402(a), Fast Pay will be utilized for delivery orders issued under any resultant contract for orders valued up to $150,000.00. A quarterly audit will be conducted on a sample of Fast Pay orders to ensure that valid proof of delivery (POD) is being obtained during contract performance. DLA Troop Support anticipates using carrier data provided in the 856 Advance Shipping Notice EDI transaction set and/or Proof of Deliveries (PODs) provided by the contractor. Prompt Pay will be utilized for all delivery orders valued above $150,000.00. DLA Troop Support anticipates using carrier data provided in the 856 Advance Shipping Notice EDI Transaction set and/or PODs provided by the contractor to facilitate prompt payment.

Note: Electronic Data Interchange (EDI) requirements are listed in the Statement of Work. – see EDI Requirements. The ‘ANSI X12 transaction sets’ requirement (paragraph b) in the EDI clause should be given particular attention.

16. Enterprise Linked Logistics Information Source (ELLIS): It should be noted that the DLA Construction & Equipment directorate is currently undergoing ongoing information technology (IT) modernization. The ELLIS platform may be provisioned at any time during the period of performance.

ELLIS is an EDI centric web-based tool that provides visibility of the supply chain through a single source.

ELLIS can be accessed at: https://ellis.dla.mil.

ELLIS captures the data necessary to evaluate the performance of each Supply Chain segment: from user requisition through the delivery order process to final item delivery. ELLIS provides the data and event driven processes necessary to proactively manage and streamline the Supply Chain. ELLIS serves a wide range of user groups from the Warfighter, to the item manager, to the Program Manager, and to the contractor. An ELLIS help guide is available at: https://ellis.dla.mil/HelpDefaultCS.aspx.

(a) Quantity and Delivery Performance Metrics will be measured through ELLIS by the data provided for quantity and by measuring the length of time between certain EDI transactions.

(b) Following approval of an order in KO Portal, the contractor will receive an order acknowledgement via an EDI 864 transaction while at the same time a final EDI 855 transaction will be sent from KO Portal through DAASC to EBS to record the obligation. The final EDI 855 transaction will constitute the delivery order date in ELLIS. Once the final EDI 855 transaction is completed and the obligation is recorded in EBS, the purchase order will be established. Once the purchase order has been established, the contractor will receive approval notice to begin performance via an EDI 824 transaction. The shipment notice (EDI 856 transaction) will constitute the date of shipment.

(c) In accordance with DLA J6 Policy and STIG (Security Technical Interface Guidelines), Contractor’s require a DoD Common Access Card (CAC) or External Certification Authority (ECA) Certificate to access ELLIS.

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Should ELLIS be provisioned during the period of performance, the Contractor is responsible to obtain a CAC or ECA at no additional cost to the Government. The following websites are valid sources to obtain an ECA:

Identitrust https://www.identrust.com/certificates/dod-eca-programs

ORC

https://eca.orc.com/

It should be noted that the implementation of ELLIS is not a replacement to the monthly usage data reporting requirement in Section 9 of the Statement of Work.

17. The term Contractor, as used throughout this solicitation, is synonymous with the terms TLS Contractor, awardee, offeror, prime vendor, or vendor.

18. For the purposes of this solicitation and the resultant contract(s), the term “day” means a calendar day unless otherwise specified.

19. 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 and 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/contract as applicable. Offerors 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.

20. FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use and FAR 52.211-15 Defense Priority and Allocation Requirements are included in the solicitation and any resultant contracts. Though the basic contract is not rated, individual delivery orders may be rated.

21. NOTICE TO POTENTIAL CONTRACTORS: MILITARY EXTRATERRITORIAL

JURISDICTION ACT OF 2000, Public Law 106-523: The Military Extraterritorial Jurisdiction Act of 2000 amended Title 18, US Code, to establish Federal jurisdiction over certain criminal offenses committed outside the United States by persons employed by or accompanying the Armed Forces outside the United States, and certain other persons. The regulations implementing the Act define persons employed by the Armed Forces outside the United States as civilian employees of the Department of Defense, Department of Defense contractors (including subcontractors at any tier), and employees of a Department of Defense contractor (including subcontractors at any tier) when that person is present or resides outside the United States in connection with such employment and is not a national of or ordinarily resident in the host nation. Persons accompanying the Armed Forces include the dependents of these individuals. Command sponsorship of the dependent is not required for the Act to apply. Third country nationals may also be subject to the provisions of the Act depending on the circumstances. The Act grants the United States criminal jurisdiction over persons covered by the act if they engage in conduct that would constitute an offense punishable by

SOLICITATION SPE8E3-23-R-0001 P a g e | 16 imprisonment for more than one year if the conduct had occurred within the territorial jurisdiction of the United States.

22. All questions and requests for clarification regarding this solicitation, including all PEL clarifications, must be submitted to the Contracting Officer (Aria Gessner) via email (Aria.Gessner@dla.mil) by no later than July 24, 2023, at 3:00 PM EST. Questions received after that date and time will not be answered. Those questions submitted prior to that date and time will be answered to the extent practicable thereafter by amendment to the solicitation which will be made available in the same location as the posting of the original solicitation. Verbal responses to questions will not be provided.

CONTRACTOR CODE OF BUSINESS ETHICS

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

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

(END OF CAUTION NOTICE)

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (DEC 2022) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

SOLICITATION SPE8E3-23-R-0001 P a g e | 17

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)

(41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

__X (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-238).

_X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C.

6101 note).

_X__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

___ (11) [Reserved].

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___ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

_X (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (14) [Reserved]

___ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219-6

___ (16) (i) 52.219-7, Notice of Partial Small Business…