SPE8E4-25-R-0001-Attachment A-Continuation of SF1449.pdf

ATTACHMENT A-CONTINUATION OF SF1449

SOLICITATION SPE8E4-25-R-0001

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 4 Block 17b, Remittance Address 5 Blocks 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 5 Solicitation Response Sheet for “No Offer” 9

Caution Notices

FAR 52.203-13, Contractor Code of Business Ethics and Conduct 15

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 Products and Commercial Services

Addendum Containing Supplementary Clauses in Full Text and by Reference 24 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services

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

52.211-15 Defense Priority and Allocation Requirement 27 52.211-16 Variation in Quantity 27 52.211-8 Time of Delivery 27 52.216-18 Ordering 28 52.216-19 Order Limitations 29 52.216-22 Indefinite Quantity 29 52.216-27 Single or Multiple Awards 30 52.217-9 Option to Extend the Term of the Contract 30 52.219-31 Notice of Small Business Reserve 30 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan 30 52.223-3 Hazardous Material Identification and Material Safety Data 31

252.223-7001

Hazard Warning Labels 32

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems-Representation

52.233-2 Service of Protest 34

52.252-2 Clauses Incorporated by Reference 34 52.204-13 System for Award Management Maintenance 34 52.204-16 Commercial and Government Entity Code Reporting 34 52.204-17 Ownership or Control of Offeror 35 52.204-18 Commercial and Government Entity Code Maintenance 35

SOLICITATION SPE8E4-25-R-0001

52.204-21 Basic Safeguarding of Covered Contractor Information Systems 35 52.214-34 Submission of Offers in the English Language 35 52.214-35 Submission of Offers in U.S. Currency 35 252.209-7004 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 35 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese

Military Companies

252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain 35 252.225-7025 Restriction on Acquisition of Forgings 35 252.225-7030 Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate 35 252.225-7048 Export Controlled Items 35 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur

Autonomous Region

52.232-11 Extras 35 52.232-17 Interest 35 52.232-39 Unenforceability of Unauthorized Obligations 35 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 35 52.242-13 Bankruptcy 35 52.242-15 Stop Work Order 35 52.247-34 F.O.B. Destination 35 52.247-52 Clearance and Documentation Requirements-Shipments to DoD Air or

Water Terminal Transshipment Points

52.253-1 Computer Generated Forms 35 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 35 252.204-7000 Disclosure of Information 35 252.204-7003 Control of Government Personnel Work Product 35 252.232-7006 Wide Area Workflow Payment Instructions 35 252.243-7001 Pricing of Contract Modifications 35

STATEMENT OF WORK 35

Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-26 Covered Telecommunications Equipment or Services-Representation

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

252.204-7016 Covered Defense Telecommunications Equipment or Services— Representation

52.209-7 Information Regarding Responsibility Matters 70 52.212-1 Instructions to Offerors—Commercial Items 71 Addendum to 52.212-1 75 52.212-2 Evaluation—Commercial Items 99 52.212-3 Offeror Representations and Certifications——Commercial Products and

Commercial Services

SOLICITATION SPE8E4-25-R-0001

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

Addendum Containing Supplementary Provisions in Full Text and by Reference 128 52.216-1 Type of Contract 128 5452.233-

Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 128

52.252-1 Solicitation Provisions Incorporated by Reference 128 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 128 252.204-7024 Notice on the Use of the Supplier Performance Risk System 129 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran - Representation and Certification

252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites – Representation

Procurement Notes

C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources and Obsolete Materials or Components

C03 Contractor Retention of Supply Chain Traceability Documentation 129 C06 Surge and Sustainment (S&S) Requirements 130 C08 Tailored Logistics Support Purchasing Reviews 131 C10 Placement of Task or Delivery Orders Against Multiple Indefinite

Delivery Contracts

C14 Correction of Nonconforming Packaging or Marking 133 C18 Shipping Instructions for Export and U.S. Territories 133 C19 Trans-Shipment of Material through DLA Containerization and

Consolidation Points (CCP)

E05 Product Verification Testing 137 E07 Evaluation Factor for Origin Inspection 138 G01 Additional Wide Area Workflow (WAWF) Information 138 H16 Operations Security (OPSEC) For On-site Contractors 138 L02 Electronic Order Transmission 139 L06 Agency Protests 139 L08 Use of Supplier Performance Risk System (SPRS) in Past Performance

Evaluations

L18 Surge and Sustainment (S&S) Requirements – Instructions to Offerors 140 L19 Surge and Sustainment (S&S) – Capability Assessment Plan (CAP) 141 L27 Addition and Deletion of Items 141 M07 Surge and Sustainment (S&S) Evaluation 142

Additional Clauses as Applicable 142

ATTACHMENTS

Attachment 1-Price Evaluation List (PEL) Spreadsheet Attachment 2-List of Current Customers

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: July 21, 2025, at 3:00 PM EDT.

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 SPE8E4-25-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: SPE8E4-25-R-0001 Opening/Closing Date and Time: June 17, 2025-July 21, 2025, 3:00 PM EDT

Notes:

• DLA will determine if an email offer was received timely or late based upon the receipt time stamp in Aria Gessner’s inbox of the email(s) submitting an offeror’s proposal. The time of the receipt time stamp may be different from the time the offeror sent the email proposal from their own email account. If a proposal is divided into multiple emails, the timeliness of the proposal will be based on the receipt time stamp in Aria Gessner’s inbox of the latest email the proposal is divided into.

Attachment 3-Sample of Request for Quote (RFQ) Layout Attachment 4-Data Specification Document

SOLICITATION SPE8E4-25-R-0001

• Mailed offers, hand-carried offers and facsimile offers are NOT authorized for receipt of initial proposals. In addition, in the event of solicitation amendments, clarifications and/or negotiations, mailed offers, hand-carried-offers and facsimile submissions are NOT authorized. As directed by the Contracting Officer, email may be used in the event of solicitation amendments, for clarifications and/or negotiations (if held), and for proposal revision(s) including Final Proposal Revision(s).

• 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.

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) Metals Tailored Logistics Support (TLS) Contracts under this single solicitation to support Metals requirements in the Continental United States (CONUS), Alaska, Hawaii, and worldwide through CONUS Container Consolidation Points (CCPs). The CONUS consists of the following states/territories: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. 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 (5), multiple awards under this Solicitation with up to one (1) award reserved for an eligible small business concern. 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 Metals products. The requirements covered include, but are not limited to: aluminum, stainless steel, carbon steel, copper, brass, titanium, nickel and nickel alloys; and other industrial metals in various forms, such as: wire, plate, sheet, strip, bar, angle, extrusions, pipe, tube, and any other shape required by the ordering activities in Federal Supply Classes (FSCs): 4710, 9505, 9510, 9515, 9520, 9525, 9530, 9535, and 9540. All items are commercial products. All items are to conform to the manufacturer’s commercial specifications.

SOLICITATION SPE8E4-25-R-0001

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% (116 items) of the 122 items on the PEL. Offerors may offer alternate items; however, the offeror must provide a complete technical data package (TDP) for the alternate item being offered (and identify the exact item on the PEL that the alternate is applicable to) for purposes of comparison, to demonstrate their equivalence in form, fit, and function. If the item is determined equal in form, fit, 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 are equal to items on the PEL 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% (116 items) of the 122 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, and shall be priced to the most recent standard revision available.

2. Base Period and Option Period Prices: Prices supplied for exact items or acceptable alternate common items on the Price Evaluation List of 122 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 THREE MONTHS of the BASE PERIOD (two-year term) and the first THREE MONTHS of each OPTION TERM (four (4) two-year terms) on any resultant contract for the Metals Tailored Logistics Support Program (TLSP).

There is no established ceiling price for non-PEL items. After the expiration of the PEL firm-fixed ceiling prices, all delivery orders will continue to be competed amongst the contract holders (if multiple awards are issued) and be evaluated in accordance with the evaluation criteria specified in each individual Request for Quotation (RFQ), with no ceiling applicable. If it is determined that one of the exceptions in 16.505(b)(2)(i) applies to an order, DLA Troop Support may direct the award to one contractor.

3. Contract prices shall be reduced by the value of any rebates, discounts, payments, fees, and/or remittances of any kind received by the TLS vendor from its subcontractor(s) or supplier(s) in connection with its fulfillment of that contract line item. They shall not include the value of any markups, fees, charges, or other costs imposed upon the TLS vendor by any affiliate(s) (see FAR 2.101) of the TLS vendor above and beyond what the affiliate pays its supply source. In the case of an awardee that is a joint venture, the acquisition price, as defined on page 40, 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.

Note: Contractors are encouraged, when competing for PEL delivery orders, to provide a quote less than their ceiling price. TLS Contractors must honor their awarded PEL ceiling prices for the first three months of the base period (2-year term) and the first three months of each option term (four (4) two-year terms) on any resultant contract.

D. TERM: The contracts resulting from this solicitation will be Indefinite Delivery, Indefinite Quantity (IDIQ) Contracts with a base ordering period of two (2) years and four (4) two-year option periods for a maximum term of ten (10) 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 (10 Years): $500,000,000.00 Estimated Value Base Period (2 Years): $100,000,000.00 Estimated Value Option 1 (2 Years): $100,000,000.00 Estimated Value Option 2 (2 Years): $100,000,000.00 Estimated Value Option 3 (2 Years): $100,000,000.00 Estimated Value Option 4 (2 Years): $100,000,000.00

F. CONTRACT MINIMUM/MAXIMUM: For each resultant contract issued against 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 guaranteed minimum 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 $750,000,000.00, meaning that the cumulative obligations of all orders placed against the contract(s) resulting from this solicitation cannot exceed $750,000,000.00. The maximum of $750,000,000.00 represents the maximum for the acquisition; the sum of all orders against all contracts shall not exceed $750,000,000.00.

Note: The Maximum Contract Value is $750,000,000.00. The maximum dollar value of $750,000,000.00 accounts for potential surge and contingency requirements; however, $500,000,000.00 remains the estimated dollar value for the acquisition.

G. DELIVERY: The total logistics support required by this contract includes the Contractor’s ability to transport and deliver Metals items to any ordering activity within the CONUS, Alaska, Hawaii, and worldwide via CONUS CCP’s within the timeframe requested by the customer to meet their mission requirements on each individual delivery order.

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

SOLICITATION SPE8E4-25-R-0001

2. Completed copy of FAR 52.212-3; and all Solicitation fill-ins and certifications

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. In addition, in the event of solicitation amendments, clarifications and/or negotiations, mailed offers, hand-carried-offers and facsimile submissions are NOT authorized. As directed by the Contracting Officer, email may be used in the event of solicitation amendments, for clarifications and/or negotiations (if held), and for proposal revision(s) including Final Proposal Revision(s). Please refer to Page 4 of this document for the acceptable initial 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).

SOLICITATION SPE8E4-25-R-0001

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: SPE8E4-25-R-0001

Offer Due Date/Time: July 21, 2025, at 3:00 PM EDT

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with the Statement of Work (SOW)

[ ] Cannot support all items covered

[ ] Cannot meet delivery requirement

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

[ ] Other (specify):

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer:

Signature:

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 Metals Tailored Logistics Support (TLS) Program for logistical support of military commands, federal agencies, and other authorized DLA customers located in the CONUS, Alaska, Hawaii, and worldwide via CONUS CCP’s.

1. Under the Metals TLSP, there are estimated sales of $500,000,000.00 to support approximately 56 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 Metals TLSP contracts, that the annual estimated number of delivery order lines was 3,000 and the annual estimated number of delivery locations was

50. 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 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 Metals requirements. 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 up to five multiple awards under this solicitation, with up to one award "reserved" exclusively for an eligible small business concern, and 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 Metals products as described to all authorized customers in the CONUS, Alaska, Hawaii, and worldwide via CONUS CCP’s. 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. Any such additions or deletions of customers 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 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 Metals TLSP. 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. The PEL is a representative sample of the types of items

SOLICITATION SPE8E4-25-R-0001

currently supported under the Metals Tailored Logistics Support Program and is not a finite list of all items that will be supported under a contract awarded in response to this solicitation.

5. This solicitation is being solicited on an UNRESTRICTED basis with up to one award reserved for small business in accordance with FAR 19.503. 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, when combined, are considered to be significantly more important than price. By weighing 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 Metals 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.

6. The resulting contracts will be Indefinite Delivery/Indefinite Quantity contracts with a base ordering period of two (2) years with four (4), two-year option periods. 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.

7. Proposals are invited only on the basis of F.O.B. Destination in accordance with the clause at FAR 52.247-

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

8. 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.

9. 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 requested by the ordering activities. Additionally, there are other procurement restrictions set forth in the regulations that may apply to specific products (example – the Restriction on Acquisition of Certain Articles Containing Specialty Metals). Note that for this procurement the Trade Agreements Act will apply to all contracts awarded, including any contract awarded to a small business concern under the small business reserve portion of this Solicitation. Contractors must be aware of which regulations apply at the time that they submit their offer and quotations and must comply with those regulations 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.

10. A Surge and Sustainment Plan/Capability Assessment Plan is not required for this acquisition at this time.

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 after an award is made, the offeror and/or awardee may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan, which shall be provided at no additional cost to the Government.

11. 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. The Contracting Officer will input the approved subcontracting plan of any successful other than a small business awardee into the Electronic Subcontracting Reporting System (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 30 business days before the existing plan expires.

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 contractors shall submit a new commercial plan, 30 business 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.

12. After award, requests for supplies will be competed among awardees, including the small business concern that wins the "reserved" contract, if any, except that the Government reserves the right to direct orders to a particular source in accordance with one of the exceptions in FAR 16.505(b)(2)(i). 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. Maciej Okulicz-Kozaryn-BP

Defense Logistics Agency – Troop Support

SOLICITATION SPE8E4-25-R-0001

700 Robbins Avenue Philadelphia, PA 19111

Telephone: 445-737-0882 Email: Maciej.Okulicz-Kozaryn@dla.mil

NOTE: DLA Troop Support reserves the right to utilize the assistance of the Defense Contract Management Agency (DCMA) if deemed necessary for certain administrative duties.

13. 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, File Transfer Protocol, or World Wide Web input. It should be noted however that for purposes of this program, TLS Contractors must, at a minimum, be able to provide Electronic Data Interchange (EDI) capabilities for invoicing Defense Finance and Accounting Service (DFAS). 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 Metals TLS Program will be at the line-item level. There should be a corresponding 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. Prompt Pay will be utilized for all delivery orders. 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 to facilitate prompt payment.

Note: Electronic Data Interchange (EDI) requirements are listed in the Statement of Work – see Information Technology (IT)/Order Receipt Processing. The ‘ANSI X12 transaction sets’ requirement (paragraph b) should be given particular attention.

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

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

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16. 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.

17. 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.

18. The Offeror is advised that on any resultant delivery order, a Metals item may have technical data some or all of which is subject to export-control of either the International Traffic in Arms regulations (ITAR) or the Export Administration Regulations (EAR), and cannot be exported without prior authorization from either the Department of State or the Department of Commerce. Export includes disclosure of technical data to foreign persons and nationals whether located in the United States or abroad. This requirement applies equally to foreign national employees and U.S. companies and their foreign subsidiaries. DFARS 252.225-7048 is applicable to this data.

The Defense Logistics Agency (DLA) limits distribution of export-control technical data to DLA contractors that have an approved US/Canada Joint Certification Program (JCP) certification, have completed the Introduction to Proper Handling of DOD Export-Controlled Technical Data Training and the DLA Export- Controlled Technical Data Questionnaire (both are available at the web address given below), and have been approved by the DLA controlling authority to access the export-controlled data. Instructions for obtaining access to the export-controlled data can be found at: https://www.dla.mil/Logistics-Operations/Enhanced-Validation/

To be eligible for award, offerors and any sources of supply proposed for use are required to have an approved JCP certification and have been approved by the DLA controlling authority to access export-controlled data managed by DLA. DLA will not delay the award in order for an offeror or its supplier to apply for and receive approval by the DLA controlling authority to access the export-controlled data.

19. It is increasingly important for small businesses in the Defense Industrial Base (DIB) to understand DoD resources are available to help increase cyber readiness and strengthen overall cyber defense posture. The following list describes cybersecurity assistance resources available from the DoD:

a. The DoD Office of Small Business Programs (OSBP) established Project Spectrum, which is an all-inclusive learning platform that provides resources, tools, and training about cybersecurity best practices, and offers access to a cadre of cyber advisors available for one-on-one guidance. Project Spectrum is focused on preparing companies for Cybersecurity Maturity Model Certification (CMMC) and aims to improve cybersecurity practices in the DIB. Project Spectrum resources can be accessed at no cost to small businesses at: https://www.projectspectrum.io/. The Project Spectrum resources can also

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be accessed through DoD’s 90+ APEX Accelerators across the country that help companies learn how to do business with DoD and other government agencies. A list of APEX Accelerators can be found at:

www.apexaccelerators.us.

b. The DoD Chief Information Officer (CIO) provides informational guides and supplemental documentation designed to support companies in defining the scope of a CMMC assessment and in preparing for, or conducting, a CMMC assessment. The documentation can be accessed at:

https://dodcio.defense.gov/cmmc/Resources-Documentation/.

c. The DoD Cyber Crime Center (DC3) DoD-DIB Collaborative Information Sharing Environment (DCISE) operates DoD’s DIB Cybersecurity Program. The program is available to all DoD contractors that store, or process Controlled Unclassified Information (CUI) as part of their duties. DC3 provides cyber threat information and free cybersecurity services that cover a wide range of cyber threats and support DIB companies on their CMMC journey. More information can be found at: www.dc3.mil.

d. The National Security Agency’s (NSA) Cybersecurity Collaboration Center (CCC) established the Cybersecurity as a Service (CSaaS) program to protect the networks and intellectual property of small and medium sized DIBs from nation-state threats and cybercriminals. The CSaaS program consists of four free services, which align to several CMMC controls and are available to qualifying businesses with active Department of Defense contracts. The services are enriched with NSA’s Signals Intelligence and Cybersecurity insights and discover, block, and mitigate vulnerabilities present in external and internal DIB networks. More information can be found at nsa.gov/ccc.

e. The Department of the Air Force (DAF) Chief Information Security Officer’s (CISO) Blue Cyber Education Series for Small Businesses provides free and open-to-the-public cybersecurity information and support. More information can be found at www.safcn.af.mil/CISO/Small-Business-Cybersecurity- Information/.

f. The Defense Acquisition University (DAU) hosts the DAU Cyber Solutions program with weekly small business cybersecurity acquisition webinars on topics such as CMMC, Cyber Incident Reporting and Cybersecurity for Contracts. More information can be found at www.dau.edu/events.

20. 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 June 24, 2025, at 3:00 PM EDT. 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.

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

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

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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 (NOV 2023) 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.

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

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2025) (DEVIATION 2025-O0003) AND (MAR 2025) (DEVIATION 2025-O0004)

(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:

(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 (DEC 2023) (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)).

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(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), 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.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community – See FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

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

(10) 52.204-28, Federal Acquisition Supply Chain Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-agency contracts (DEC 2023) (Pub. L. 115 390, title II).

X (11) (i) 52.204-30, Federal Acquisition Supply Chain Act Orders – Prohibition (DEC 2023) (Pub. L.

115-390, title II).

(ii) Alternate I (DEC 2023) of 52.204-30

X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting With Contractors

Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

X (16) 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).

(17) [Reserved]

(18) (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

(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7

X (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637 (d)(2) and

(3)).

X (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9

X (iii) Alternate II (NOV 2016) of 52.219-9

(iv) Alternate III (JAN 2025) of 52.219-9

(v) Alternate IV (Class Deviation 2019-O0005…