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Refuse Collection Service for DLA Distribution San Joaquin (DDJC) Federal contract opportunity
Solicitation number
SP330025Q0093
Issued by
Defense Logistics Agency Distribution

About this file

This is a Request for Quote (RFQ) document seeking refuse collection services at DLA Distribution San Joaquin, CA. The RFQ (SP330025Q0093) will result in a single Firm-Fixed Price purchase order with a base period from July 1, 2025 to June 30, 2026, and four one-year option periods extending through June 30, 2030.

The solicitation is being issued as Full and Open Competition under NAICS code 562111 with a size standard of $47.0 million. Quotes must be submitted electronically by 1:00 PM EDT on March 13, 2025. The evaluation will be based on technical capability, past performance, and price, with technical and past performance rated as acceptable/unacceptable. Offerors must submit three separate electronic files covering technical capability, past performance (up to 3 references within last 3 years), and pricing. The contract is subject to Service Contract Act wage determination 2015-5653 Revision 22. Questions are due by 1:00 PM EST on February 17, 2025.

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Other files for this federal contract opportunity

Other files attached to Refuse Collection Service for DLA Distribution San Joaquin (DDJC), newest first.
File Type Posted
SF30_SP330025Q0093_Amend0002.pdf PDF
SF30_SP330025Q0093_Amend0001.pdf PDF
Attachment 01 - PWS.pdf PDF
Attachment 02 - Wage Determination.pdf PDF
Attachment 03 - Schedule of Services.xls XLS spreadsheet

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Text version

SP3300-25-Q-0093

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 SP330025Q0093.

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

REGULATION
IDENTIFICATION
ISSUE DATE
Federal Acquisition Circular (FAC)
2025-03
03 January 2025
Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)
20250117
17 January 2025
Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through Procurement Letter (PROCLTR)
2025-05
04 November 2024

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 purchase order for Refuse Collection Service at DLA Distribution San Joaquin, CA. 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 Full and Open Competition. The North American Industry Classification System (NAICS) code for this project is 562111 and the size standard is $47.0 million. The Product or Service Code (PSC) for this acquisition is S205.

5. WAGE DETERMINATION: This requirement is subject to the Service Contract Act. The following wage determinations are applicable: Service Contract Act Wage Determination No. 2015-5653 Revision 22 last revised December 23, 2024.

6. PERIOD OF PERFORMANCE:

Base Year: July 1, 2025 – June 30, 2026 Option Year 1: July 1, 2026 – June 30, 2027 Option Year 2: July 1, 2027 – June 30, 2028 Option Year 3: July 1, 2028 – June 30, 2029 Option Year 4: July 1, 2029 – June 30, 2030

7. PLACE OF PERFORMANCE:

DLA DIST SAN JOAQUIN BASE SUPPLY

25600 S CHRISMAN RD BOSS WHSE 29-5

TRACY CA 95304

8. 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

9. 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:

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

11. 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.

12. Questions regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, via email Allexas Kirchgessner at Allexas.Kirchgessner@dla.mil Subject: SP330025Q0093 RFQ Question.

Question(s) must be received by 1:00 PM EST on 17 February 2025. Answers to questions will be posted to the SAM.GOV website via an amendment to the solicitation.

13. 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.

14. 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.

SCHEDULE OF SUPPLIES/SERVICES

See Attachment 03 – Schedule of Services FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022)

Offerors must complete Representations and Certifications at 52.212-3 in the System for Award Management prior to submission or provide a completed copy with quote submission.

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.

52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-13
System for Award Management Maintenance
52.204-18
Commercial and Government Entity Code Maintenance
52.204-19
Incorporation by Reference of Representations and Certifications
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
52.223-6
Drug-Free Workplace
52.232-1
Payments
52.232-8
Discounts for Prompt Payment
52.232-11
Extras
52.232-23
Assignment of Claims
52.232-39
Unenforceability of Unauthorized Obligations
52.233-1
Disputes
52.247-34
F.O.B. Destination
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
252.203-7005
Representation Relating to Compensation of Former DoD Officials
252.204-7003
Control of Government Personnel Work Product
252.204-7008
Compliance with Safeguarding Covered Defense Information Controls
252.204-7009
Limitations on the Use or Disclosure of Third Party Contractor Reported Cyber Incident Information
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
252.204-7024
Notice on the use of the Supplier Performance Risk System
252.223-7008
Prohibition of Hexavalent Chromium
252.223-7009
Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam Fire-Fighting Agent for Use on Military Installations
252.225-7012
Preference for Certain Domestic Commodities
252.225-7048
Export Controlled Items
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
252.232-7010
Levies on Contract Payments
252.232-7017
Accelerating Payments to Small Business Subcontractors – Prohibition on Fees and Consideration
252.243-7001
Pricing of Contract Modifications
252.244-7000
Subcontracts for Commercial Items
252.247-7023
Transportation of Supplies by Sea

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.

(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:

52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
52.209-6
Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note)
52.219-4
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022)
52.219-28
Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)).
52.222-3
Convict Labor (Jun 2003) (E.O.11755)
52.222-19
Child Labor-Cooperation with Authorities and Remedies (JAN 2022)
52.222-21
Prohibition of Segregated Facilities (Apr 2015).
52.222-26
Equal Opportunity (Sep 2016) (E.O. 11246).
52.222-36
Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793)
52.222-50
Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627)
52.225-13
Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
52.226-18
Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)
52.232-33
Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

52.222-41
Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
52.222-42
Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-43
Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-55
Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
52.222-62
Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) FAR

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 Days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years.

(End of clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) FAR

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.

(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 252.232-7006 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. 2 IN 1 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*

Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
SL4701
Issue By DoDAAC
SP3300
Admin DoDAAC
SP3300
Inspect By DoDAAC
Not Applicable
Ship To Code
Not Applicable
Ship From Code
Not Applicable
Mark For Code
Not Applicable
Service Approver (DoDAAC)
SB3200
Service Acceptor (DoDAAC)
SB3200
Accept at Other DoDAAC
Not Applicable
LPO DoDAAC
Not Applicable
DCAA Auditor DoDAAC
Not Applicable
Other DoDAAC(s)
Not Applicable

(*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 – PWS

Attachment 02 – Wage Determination

Attachment 03 – Schedule of Services

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR
52.203-18
Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation
FAR
52.204-7
System for Award Management
FAR
52.204-16
Commercial and Government Entity Code Reporting
FAR
52.204-17
Ownership or Control of Offeror
FAR
52.204-20
Predecessor of Offeror
FAR
52.204-26
Covered telecommunications Equipment or Services—Representation
FAR
52.209-2
Prohibition on contracting with inverted domestic corporations—representation
FAR
52.209-11
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FAR
52.212-3 (Alt 1)
Offeror Representations and Certifications—Commercial Items--Alternate I
FAR
52.219-1 (Alt 1)
Small Business Program Representations--Alternate I
FAR
52.222-22
Previous contracts and compliance reports
FAR
52.222-25
Affirmative action compliance
FAR
52.225-25
Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications
DFARS
252.203-7005
Representation relating to compensation of former DOD officials
DFARS
252.204-7003
Control of Government Personnel Work Product
DFARS
252.204-7008
Compliance with Safeguarding Covered Defense Information Controls
DFARS
252.204-7016
Covered Defense Telecommunications Equipment or Services—Representation.
DFARS
252.204-7017
Prohibition on Acquisition of Covered Defense Telecommunications Equipment or Services—Representation
DFARS
252.215-7007
Notice of Intent to Resolicit
DFARS
252.204-7008
Compliance with safeguarding covered defense information controls
DFARS
252.247-7022
Representation of Extent of Transportation by Sea

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

FAR 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)

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)

ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

OFFER PREPARATION INSTRUCTIONS

1. Your offer must be received electronically via email at Allexas.Kirchgessner@dla.mil by 1:00 PM EDT on March 13, 2025.

2. Offers shall include all required documentation as listed below. Submission of an offer that does not contain all items requested below may result in elimination from consideration for award. The instructions describe the type and extent of information, which should be provided in the offer. The offeror is expected to completely examine and analyze all aspects of the technical/business, past performance, and price areas to be addressed, and to include information in the offer, which will enable the evaluators to determine the offeror’s understanding of the requirements in each of the above areas.

3. Offers must have the following Controlled Unclassified Information (CUI), and Source Selection Sensitive references marked/incorporated into the appropriate pages on each offer file:

a. File Types other than Excel

i. 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”

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

“Controlled by:

Controlled by:

CUI Category:

Distribution/Dissemination Controls:

POC:

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

b. Excel Files

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

ii. 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:

4.

Organization/Number of Copies. The offeror shall prepare the offer as set forth in the table below. The titles and contents are defined in this table and the offeror shall submit the offer in the English language. Offers shall be submitted as THREE (3) separate electronic files (e-files) as follows:

E-FILE
TITLE
I
TECHNICAL CAPABILITY
II
PAST PERFORMANCE
III
PRICING

FILE I - TECHINICAL CAPABILITY

The technical offer shall not contain any reference to price, however, it should be written so that technically oriented personnel can make an evaluation and arrive at a sound determination as to whether the offer meets the requirements of this solicitation. To this end, the technical capability section shall briefly outline the purpose of the technical offer and reference the PWS. Statements such as “the vendor understands” and/or “will comply with the PWS” are considered inadequate. Statements describing the vendor’s technique, approach or solution as it pertains to the specific requirements in the PWS should be submitted.

The offeror shall provide a stand-alone narrative describing its staffing ability, collection vehicle fleet and collection container inventory, as each relates to sufficiently meeting the requirements of the PWS. The narrative shall include current and applicable photographs and/or published literature of the offeror’s collection vehicles and collection containers.

The Technical Factor will be rated on an Acceptable/Unacceptable basis.

FILE II – PAST PERFORMANCE

1. 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.

2. 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.

3. 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.

4. 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).

FILE III – PRICE & ADMINISTRATIVE

Firm Fixed Price (FFP) Offer shall be submitted in accordance with the Schedule of Supplies/Services.

Signed and dated offer/cover letter with all required fill-ins completed, including Solicitation Number, Company Name, Address, Telephone Number, E-mail Address, Contractor DUNS Number, and Commercial and Government Entity (CAGE) Code.

Since this solicitation anticipates award of a FFP purchase order based on adequate price competition, certified cost/pricing data and extensive support documentation are not required. However, if it is determined that adequate competition does not exist after receipt of initial offers, offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of the price.

Offerors are also reminded that one (1) signed copy of Standard Form 30 for each amendment must be included in the submitted offer package (applicable only if any amendments are issued, otherwise the Offeror’s quote could be considered unacceptable and may not be considered).

By the offer submission, the Offeror verifies the representation and certifications currently posted electronically via the website at https://www.sam.gov have been entered or updated within the last 12 months are current, accurate, complete and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer.

The Offeror shall address each certification and representation identified at FAR 52.212-3.

Completed CLIN price information in the Schedule of Supplies/Services. All CLINs must be priced. *Offerors must use the CLINs in the Schedule of Supplies/Services. It is not permissible for offerors to use offeror created CLINs.*

The offeror shall provide the total price for all CLINS (including any option CLINs) and the total inclusive of all CLINs.

(End of Provision)

ADDENDA FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS (NOV 2021)

Award will be made to the offeror with the lowest evaluated price which is deemed responsible in accordance with the Federal Acquisition Regulations (FAR), and which has submitted an offer conforming to the solicitation requirements. The requirements include all stated terms, conditions, and all other requirements of this solicitation. The Government intends to make an award based on the initial offers received; therefore, the initial offer should contain the Offeror’s best terms from a price and technical standpoint. Offerors must be determined to be responsible according to the standards of FAR Subpart 9 to be eligible for award.

Failure to provide a complete, detailed, realistic, and reasonable offer may reflect a lack of understanding of the requirements and may result in a determination that the Offer’s offer is unacceptable. The Government does not assume a duty to search for clarification data to cure problems or inconsistencies with an offeror’s offer.

The award decision process is being conducted under FAR Part 12 and FAR Part 13.5, wherein the Contracting Officer is permitted to engage in communications with individual contractors about their offers without being subject to the policies and procedures of FAR Part 15, and without engaging in "discussions" or "negotiations" under FAR Part 15.

Although the Government intends to award a contract as a result of this solicitation, the Government reserves the right to reject any and all offers received and not award any item or items from this solicitation.

Technical Capability and Past Performance will be evaluated on an acceptable or unacceptable basis.

TECHNICAL FACTOR

The Government will evaluate the offeror’s quote to ensure it provides a technically acceptable approach to staffing, collection vehicles and collection containers based on the quote narrative and supporting photographs and/or published literature for the collection vehicles and containers.

PAST PERFORMANCE FACTOR

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.

1. 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”.

PRICING FACTOR

If an offer has been determined acceptable under each of the non-price factors listed above, the Government will then evaluate the offer for the lowest price. The proposed total price between offers that are determined to be technically acceptable will be the determining factor in the selection of an offer for award. Price analysis shall not be conducted on offers determined to be unacceptable for award, since the offeror will not be in line for award as the lowest priced technically acceptable offeror.

The Government will perform a price analysis to determine the reasonableness of proposed price in accordance with the FAR 15.404-1(b). The Government will utilize a comparison of proposed prices received in response to the solicitation.

The Government will evaluate vendor for award purposes by adding the total price for all ordering periods as the total price for the basic requirement. The Government may determine that an offer is unacceptable if ordering period prices are significantly unbalanced.

A written notice of award or acceptance of a offeror mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offeror, shall result in a binding contract without further action by either party. Before the offeror’s specified expiration time, the Government may accept an offeror (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

END OF SOLICITATION

File details come from the government source that posted it. Updated .