Tab 11 - CSS SP330025Q0033.doc

SP3300-25-Q-0033

NOTICE TO OFFERORS

1. Issuing Office:

DLA Distribution Acquisition Operations (J7)

430 Mifflin Avenue, Suite 3102A

New Cumberland, PA 17070-5008

2. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Subpart 13 Simplified Procedures for Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the RFQ number is SP330025Q0033.

3. This notice incorporates provisions and clauses in effect under:

The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR - https://www.ecfr.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/ This Request for Quotation (RFQ) is being issued to establish a Firm Fixed Price (FFP) Purchase Order for VLM Critical Spares. The Government intends to award one (1) contract as a result of this RFQ and will be issued on a Standard Form (SF) 1449. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

4. This RFQ is being solicited as a Brand Name Full and Open Competition. The North American Industry Classification System (NAICS) code for this project is 811310 and the size standard is $12.5 Million. The Federal Supply Code (FSC) for this acquisition is 3990.

5. Delivery Schedule: 60 Days after date of award.

6. DELIVERY INFORMATION

Varies – Please see Attachment 01 – Schedule of Supplies

FOB point shall be Destination.

7. PROOF OF DELIVERY: Acceptable Proof of Delivery documents include: Shipping Documentation; Materials Inspection and Receiving Report (DD250), Bill of Lading, Packing List, Tracking/Delivery Confirmation or Invoice. To ensure prompt payment to your company, the Proof of Deliveries must include the following:

· CONTRACT NUMBER or ORIGINAL DOCUMENT NUMBER

· DELIVERY ORDER NUMBER (as applicable)

· CLIN /MATERIAL NUMBER

· SPECIFIC QUANTITY SHIPPED IN REFERENCE TO QUANTITY ORDERED

· PRINTED NAME AND WRITTEN SIGNATURE OF A GOVERNMENT EMPLOYEE

8. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the System for Award management (SAM) database by the quotation submission date, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM website at http://www.sam.gov. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

Manufacturer:

9. INVOICING AND PAYMENT: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.

10. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE: Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

11. REQUIREMENTS FOR PALLETS: Material must be shipped on serviceable, winged pallets in accordance with MD00100452, Revision C, dated 09/2016. Please reference the following link for more information:

https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx The complete specification for winged pallets can be found in Part 9 of ANSI MH1. The pallet must be heat treated, certified, and stamped or branded with the appropriate certification markings in accordance with DOD Manual 4140.65-M.

Please reference the DLA Master List of Technical and Quality Requirements for information at this link: https://www.dla.mil/HQ/Acquisition/Offers/DLAD/TechnicalandQualityMLofRequirements/ Additional information can be found at:

https://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/WoodPack.aspx Failure to deliver supplies on pallets with these specifications will result in the Government not accepting the shipment when it arrives at destination. The offeror must quote shipment of supplies in accordance with this requirement.

12. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying process.

13. Organizational Conflict Of Interest: The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any Performance Work Statement or specification unless directed to do so in writing by the Contracting Officer.

If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.

In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

14. Questions shall be submitted by electronic mail to the Acquisition Specialist, Allexas.Kirchgessner@dla.mil, Subject: SP3300-25-Q-0033 Solicitation Question(s). Question(s) must be received by November 27, 2024, 1:00PM Eastern Time. Answers to questions will be posted to the Sam.Gov website via an amendment to the solicitation.

SCHEDULE OF SUPPLIES

Please see Attachment 01 – Schedule of Supplies FOB Destination SHIPPING INCLUDED

Offerors shall quote Brand Name and Firm Fixed Unit Prices for all items shown on CLINS. All unit prices should be quoted as FOB DESTINATION pricing. Must be new, refurbished parts are unacceptable.

15. INDEPENDENT PRICING:

Offeror is the Manufacturer (MANF) OR Distributor (DIST) of this product:

__________ MANF or _________DIST

If a Distributor, Offeror is quoting a product made by the following manufacturer_________________________________

If a Distributor, Offeror is free to set their own pricing: _______YES or _______NO

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.

FAR 52.212-4 Addenda

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (MAY 2024)

The clause at FAR 52.212-5 and the following addenda are applicable to this acquisition.

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

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

FAR - https://www.acquisition.gov/browsefar

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current

DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Clause)

DLAD Procurement Note L06 Agency Protests (DEC 2016)

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

(End of Procurement Note) DFARS 252.225-7013 Duty-Free Entry. (DEVIATION 2020-O0019)

(a) Definitions. As used in this clause—

“Component,” means any item supplied to the Government as part of an end product or of another component.

“Customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico.

“Eligible product” means—

(i) “Designated country end product,” as defined in the Trade Agreements (either basic or alternate) clause of this contract;

(ii) “Free Trade Agreement country end product,” other than a “Bahrainian end product,” a “Moroccan end product,” a Panamanian end product,” or a “Peruvian end product,” as defined in the Buy American—Free Trade

Agreements—Balance of Payments Program (either basic or alternate II) clause of this contract, basic or its Alternate II;

(iii) “Free Trade Agreement country end product” other than a “Bahrainian end product,” “Korean end product,” “Moroccan end product,” “Panamanian end product,” or “Peruvian end product,” as defined in of the Buy American—Free Trade Agreements—Balance of Payments Program (either alternate IV or alternate V) clause of this contract.

“Qualifying country” and “qualifying country end product” have the meanings given in the Trade Agreements clause, the Buy American and Balance of Payments Program clause, or the Buy American—Free Trade Agreements—Balance of Payments Program clause of this contract, basic or alternate.

(b) Except as provided in paragraph (i) of this clause, or unless supplies were imported into the customs territory of the United States before the date of this contract or the applicable subcontract, the price of this contract shall not include any amount for duty on—

(1) End items that are eligible products or qualifying country end products;

(2) Components (including, without limitation, raw materials and intermediate assemblies) produced or made in qualifying countries, that are to be incorporated in U.S.- made end products to be delivered under this contract; or

(3) Other supplies for which the Contractor estimates that duty will exceed $300 per shipment into the customs territory of the United States.

(c) The Contractor shall—

(1) Claim duty-free entry only for supplies that the Contractor intends to deliver to the Government under this contract, either as end items or components of end items; and

(2) Pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use, other than—

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer.

(d) Except as the Contractor may otherwise agree, the Government will execute duty-free entry certificates and will afford such assistance as appropriate to obtain the duty-free entry of supplies—

(1) For which no duty is included in the contract price in accordance with paragraph (b) of this clause; and

(2) For which shipping documents bear the notation specified in paragraph (e) of this clause.

(e) For foreign supplies for which the Government will issue duty-free entry certificates in accordance with this clause, shipping documents submitted to Customs shall—

(1) Consign the shipments to the appropriate—

(i) Military department in care of the Contractor, including the Contractor's delivery address; or

(ii) Military installation; and

(2) Include the following information:

(i) Prime contract number and, if applicable, delivery order number.

(ii) Number of the subcontract for foreign supplies, if applicable.

(iii) Identification of the carrier.

(iv)(A) For direct shipments to a U.S. military installation, the notation: “UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free Entry to be claimed pursuant to Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the United States. Upon arrival of shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19 CFR Part 142 and notify Commander, Defense Contract Management Agency

(DCMA) New York, ATTN: Customs Team, DCMAE-GNTF, 201 Varick Street, Room

905C, New York, New York 10014, for execution of Customs Form 7501, 7501A, or 7506 and any required duty-free entry certificates.”

(B) If the shipment will be consigned to other than a military installation, e.g., a domestic contractor's plant, the shipping document notation shall be altered to include the name and address of the contractor, agent, or broker who will notify Commander, DCMA New York, for execution of the duty-free entry certificate. (If the shipment will be consigned to a contractor’s plant and no duty-free entry certificate is required due to a trade agreement, the Contractor shall claim duty-free entry under the applicable trade agreement and shall comply with the U.S. Customs Service requirements. No notification to Commander, DCMA New York, is required.)

(v) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross shipping weight).

(vi) Estimated value in U.S. dollars.

(vii) Activity address number of the contract administration office administering the prime contract, e.g., for DCMA Dayton, S3605A.

(f) Preparation of customs forms.

(1)(i) Except for shipments consigned to a military installation, the Contractor shall—

(A) Prepare any customs forms required for the entry of foreign supplies into the customs territory of the United States in connection with this contract; and

(B) Submit the completed customs forms to the District Director of Customs, with a copy to DCMA NY for execution of any required duty-free entry certificates.

(ii) Shipments consigned directly to a military installation will be released in accordance with sections 10.101 and 10.102 of the U.S. Customs regulations.

(2) For shipments containing both supplies that are to be accorded duty-free entry and supplies that are not, the Contractor shall identify on the customs forms those items that are eligible for duty-free entry.

(g) The Contractor shall—

(1) Prepare (if the Contractor is a foreign supplier), or shall instruct the foreign supplier to prepare, a sufficient number of copies of the bill of lading (or other shipping document) so that at least two of the copies accompanying the shipment will be available for use by the District Director of Customs at the port of entry;

(2) Consign the shipment as specified in paragraph (e) of this clause; and

(3) Mark on the exterior of all packages—

(i) “UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE”; and

(ii) The activity address number of the contract administration office administering the prime contract.

(h) The Contractor shall notify the Administrative Contracting Officer (ACO) in writing of any purchase of eligible products or qualifying country supplies to be accorded duty-free entry, that are to be imported into the customs territory of the United States for delivery to the Government or for incorporation in end items to be delivered to the Government. The Contractor shall furnish the notice to the ACO immediately upon award to the supplier and shall include in the notice—

(1) The Contractor’s name, address, and Commercial and Government Entity (CAGE) code;

(2) Prime contract number and, if applicable, delivery order number;

(3) Total dollar value of the prime contract or delivery order;

(4) Date of the last scheduled delivery under the prime contract or delivery order;

(5) Foreign supplier's name and address;

(6) Number of the subcontract for foreign supplies;

(7) Total dollar value of the subcontract for foreign supplies;

(8) Date of the last scheduled delivery under the subcontract for foreign supplies;

(9) List of items purchased;

(10) An agreement that the Contractor will pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use other than—

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer;

(11) Country of origin; and

(12) Scheduled delivery date(s).

(i) This clause does not apply to purchases of eligible products or qualifying country supplies in connection with this contract if—

(1) The supplies are identical in nature to supplies purchased by the Contractor or any subcontractor in connection with its commercial business; and

(2) It is not economical or feasible to account for such supplies so as to ensure that the amount of the supplies for which duty-free entry is claimed does not exceed the amount purchased in connection with this contract.

(j) Subcontracts. The Contractor shall—

(1) Insert the substance of this clause, including this paragraph (j), in all subcontracts for—

(i) Qualifying country components; or

(ii) Nonqualifying country components for which the Contractor estimates that duty will exceed $200 per unit;

(2) Require subcontractors to include the number of this contract on all shipping documents submitted to Customs for supplies for which duty-free entry is claimed pursuant to this clause; and

(3) Include in applicable subcontracts—

(i) The name and address of the ACO for this contract;

(ii) The name, address, and activity address number of the contract administration office specified in this contract; and

(iii) The information required by paragraphs (h)(1), (2), and (3) of this clause.

(End of clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. INVOICE (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

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

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

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

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

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

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

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

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

Routing Data Table*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

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

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Not Applicable

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

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

(End of clause)

ATTACHMENTS

Attachment 01 – Schedule of Supplies

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

(a) Definitions. As used in this provision--Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

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

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single Firm Fixed-Priced (FFP) Purchase Order as a result of this solicitation.

(End of Provision)

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

DLA DISTRIBUTION

ACQUISTION OPERATIONS (J7)

ATTN: ERIK SMITH

CONTRACTING OFFICER

430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR - https://www.acquisition.gov/browsefar

DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Provision)

DLAD 5452.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR) (JUN 2020)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

(End of Provision)

FAR 52.212-1 Instructions to Offerors -- Commercial Items. (Sep 2021)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

The following two (2) paragraphs under referenced provision 52.212-1 are hereby deleted:

(e) Multiple offers

(h) Multiple awards

1.0 QUOTE PREPARATION AND SUBMISSION INSTRUCTIONS

1 All quotes must be received electronically via email at Allexas.Kirchgessner@dla.mil by 1300 EST on December 20, 2024. Facsimile and hard copy submissions of quotes will not be accepted. Failure to submit your response by this date and time may result in non-consideration of your quote.

2 Quotes shall include all required documentation as listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. The quoter is expected to completely examine and analyze all aspects of the Technical Capability, Past Performance, and Price areas to be addressed, and to include information in the quote which will enable the evaluators to determine the quoter’s understanding of the requirements in each of the above areas.

3 All Contractor personnel certifications and other documents containing Personally Identifiable Information (PII) shall be marked CUI and “Personally Identifiable Information (PII) Safeguard IAW DoD Privacy Program and Privacy Act of 1974”.

4 Quotes shall include all required documentation as listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

5 Quotes must have the following Controlled Unclassified Information (CUI) and Source Selection Sensitive references marked/incorporated into the appropriate pages on each quote file:

File Types other than Excel a.

Header on all pages:

1st Line of Header, centered: “CUI”

2nd Line of Header, centered: “Source Selection Information - See FAR 2.101 and 3.104” b.

1st page, bottom right corner, right justified (above footer):

“Controlled by:

Controlled by:

CUI Category:

Distribution/Dissemination Controls:

POC:

c.

Footer (centered at very bottom) on all pages stating “CUI”

Excel Files

d. Include “CUI” in the header/footer to ensure it displays on all pages

Include the CUI Designation Indicator Block at the top of the excel spreadsheet, not in the header, so it only appears on the first page

Controlled by:

CUI Category:

Distribution/Dissemination Controls:

POC:

1.6 Organization/Number of Copies/Page Limits. The quoter shall prepare the quote as set forth in the table below. The titles and contents and number of copies required for each file are defined in this table and the quoter shall submit the quote in the English language. Quotes shall be submitted as THREE (3) separate electronic files (e-files) as follows:

2.0 FILE I – Technical Capability

1 File I shall include the following:

A. The Quoter must provide a copy of a current Modula Dealer Representative certification.

3.0 FILE II – Past Performance

1 File II – shall include the following:

The vendor may submit three (3) recent (within 3 years of solicitation issuance) and relevant (like size, scope, magnitude, and complexity) past performance references that include a point of contact, value of the contract, and summary of the effort.

In the case of a vendor without a record of recent and relevant past performance, or for whom information on past performance is not available, or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance.

c.

Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”. Should the Government discover adverse past performance information to which the Quoter had not had a prior opportunity to respond, the Contracting Officer will conduct communications if deemed appropriate.

d. The Government may utilize the Federal Contractor Performance Assessment Reporting System (CPARS) application, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), Supplier Performance Risk System (SPRS), or other databases; interviews with Program Managers, Contracting Officers, Contracting Officer’s Representatives (CORs) or other pertinent officials; responses received from the Past Performance Questionnaire; and the Defense Contract Management Agency (DCMA).

4.0 FILE III – Price Quote

1 File III price quotations may be submitted in contractor format and shall include:

Signed and dated quote/cover letter with the following information: Solicitation Number, Company name, address, Contractor point of contact, telephone number, e-mail address, Contractor DUNS Number, and the assigned Commercial and Government Entity (CAGE) Code from System for Award Management (SAM).

Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation.)

C.

Completed certifications and representations located at FAR 52.212-3 of the RFQ or quoter statement indicating that said certifications and representations are current and located in the System for Award Management (SAM) database at http://www.sam.gov.

Note: A completed Schedule of Supplies in EXCEL file Workbook format must be submitted. Prices must be rounded to two decimal points. One copy of the completed Schedule of Supplies in EXCEL file Workbook format is provided with this RFQ. The EXCEL Workbook contains fifteen (15) worksheets, one for each delivery site. EXCEL spreadsheets contain formulas for calculating the total price for each site. Quoter is to complete the Unit Price column for each item for each site.

(End of Provision)

End – Instructions to Offerors

SECTION 2 EVALUATION FACTORS

5.0 ADDENDA TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

1 The Government intends to award one (1) contract resulting from this solicitation to the responsive, responsible quoter whose quote, conforming to this solicitation, will be the most advantageous to the Government, price and other factors considered using the Lowest Technically Acceptable Price process, with the lowest overall price for ALL CLINs. To be considered for award, a quote must be provided for all CLINS. Award will be made on all or none basis. Technical tradeoffs will not be made, and no additional credit will be given for exceeding acceptability. The Government intends to award without discussions; therefore, the initial quote should contain the quoter’s best terms from a price and technical standpoint.

2 Request for Quote shall be evaluated for acceptability or unacceptability only and shall not be rated. Any quoter who has submitted a technically acceptable quote and who has been found to have an acceptable past performance WILL THEN have the quote evaluated for lowest price.

3 To be considered acceptable and eligible for award, a quoter must address separately all the factors set forth in accordance with the instructions of this solicitation. Quoters must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award.

4 The following non-price factors shall be used to determine acceptability of a quote and evaluated on an Acceptable/Unacceptable basis.:

A.

FACTOR 1:

TECHNICAL CAPABILITY

B.

FACTOR 2:

PAST PERFORMANCE

6.0 FACTOR 1

TECHNICAL CAPABILITY

1 To be technically acceptable, the quote must:

a.

The Quoter must demonstrate that they are a Modula Certified Dealer Representative.

7.0 FACTOR 2

PAST PERFORMANCE

1.

The past performance references will be evaluated to determined recency, relevancy, and quality of performance.

2.

The Government will assign an acceptable/unacceptable rating as to the Quoter’s ability to perform on the required effort based upon the recent and relevant past performance record considering the information available regarding quality of performance.

3.

Should the Government discover adverse past performance information to which the Quoter had not had a prior opportunity to respond, the Contracting Officer will conduct communications if deemed appropriate.

4.

In the case of an Quoter without a record of recent and relevant past performance, or for whom information on past performance is not available, or so sparse that no meaningful past performance rating can be reasonably assigned, the Quoter may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv), Past Performance Evaluation). Therefore, the Quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

8.0 FACTOR 3

PRICE

The quoted lowest total price (the sum of the total amount for all CLINS) between quotes that are determined to be acceptable will be Technical and Past Performance factors in the selection of a quote for award. Price analysis shall not be conducted on quotes or quoters determined to be unacceptable for award. Government will perform a price analysis to determine the reasonableness of quoted price in accordance with FAR 15.404-1(b). The Government will utilize a comparison of proposed prices received in response to the solicitation.

Award will be based on the overall lowest priced quote that meets or exceeds the acceptability standards for the non-cost factors.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

END OF SOLICITATION