Tab 11 SP3300-25-Q-5005.doc

SP3300-25-Q-5005

NOTICE TO QUOTERS

1.

Issuing Office:

DLA Distribution Acquisition Operations (J7)

5430 Mifflin Avenue

New Cumberland, PA 17070-5008

2.

This 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 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. 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 SP3300-25-Q-5005.

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://ecfr.federalregister.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/Acquisition/Policy‐and‐Directives/ 4.

This is a requirement for Small Equipment Maintenance. A Request for Quotation (RFQ) is being issued to establish a Firm Fixed Price (FFP) Purchase Order for the services described in Attachment 1 – Statement of Work. The Government intends to award one (1) contract resulting from this RFQ and will be issued on a Standard Form 1449. This requirement is for DLA Distribution Puget Sound, WA. This acquisition is not a Defense Priorities and Allocations System rated procurement.

5.

This RFQ is being solicited as a 100% Small Business Set-Aside. The North American Industry Classification System code for this project is 811310 and the size standard is $12.5M. The Product or Service Code for this acquisition is J039.

6.

Period of Performance Base Year: March 19, 2025 through March 18, 2026

Option Year 1: March 19, 2026 through March 18, 2027 Option Year 2: March 19, 2027 through March 18, 2028

7. DELIVERY INFORMATION: The items shall be shipped to:

Defense Logistics Agency

Distribution Puget Sound (DDPW)

467 W. Street, Bldg. 467, Door 8

Bremerton, WA 98314-5130 FOB point shall be Destination.

8. SYSTEM FOR AWARD MANAGEMENT (SAM): A prospective awardee shall be registered in the 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 SAM Database.

Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

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

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. Questions regarding this solicitation shall be submitted by electronic mail to the Acquisition Specialist, via email Tom Semones at thomas.semones@dla.mil. Subject: SP3300-25-Q-5005 RFQ Question. Question(s) must be received by 10:00AM EST on February 17, 2025. Answers to questions will be posted to the SAM.GOV website via an amendment to the solicitation.

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.

SOLICITATION CLAUSES

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

ADDENDA TO 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services (NOV 2023)

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders -- Commercial Products and Commercial Services (FEB 2024)

(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:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3, Protest After Award (Aug 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

(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:

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023)

52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) 52.219-8, Utilization of Small Business Concerns (FEB 2024)

52.219-14, Limitations on Subcontracting (Oct 2022) (DEVIATION 2021-O00008, REV 1)

52.219-28, Post Award Small Business Program Representation (FEB 2024)

52.222-3, Convict Labor (JUN 2003)

52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222-26, Equal Opportunity (SEP 2016) 52.222-35, Equal Opportunity for Veterans (JUN 2020) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37, Employment Reports on Veterans (JUN 2020)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50, Combating Trafficking in Persons (NOV 2021) 52.224-3, Privacy Training (JAN 2017)

52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)

52.226-8, 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)

52.239-1, Privacy or Security Safeguards (AUG 1996) (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) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

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) (End of Clause)

FAR 52.217-8 Option to Extend Services (NOV 1999)

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 60 days before the contract expires.

(End of clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 three (3) years.

(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. 2 in 1 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. __N/A__ (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. N/A (Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause) 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 Text)

ATTACHMENTS

Attachment 1 – Statement of Work Attachment 2 – Equipment List Attachment 3 – Small Maintenance Contract Task List

Attachment 4 – Department of Labor Wage Determination Attachment 5 – Schedule of Supplies-Services

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)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(1) (d) Representation. The Offeror represents that—

(2) 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.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) 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);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(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 J7 Acquisition Operations, Attn. Erik Smith, Contracting Officer, 530 Mifflin Avenue, 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.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/

(End of Provision)

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR chapter 2) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of Provision)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of Provision)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [] will [] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

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

(4) For equipment, the entity that produced or provided the covered defense 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)

252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations—Representation (Deviation 2024-O0006) (FEB 2024)

(a) Definitions. The terms business operations and fossil fuel company have the meanings given in the 252.225-7967 clause of this solicitation.

(b) Representation. By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business operations with an entity or individual that is, 50 percent or more owned, individually or collectively, by—

(1) An authority of the government of the Russian Federation; or

(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas—

(i) Through the Russian Federation for sale outside of the Russian Federation; and

(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

(End of Provision)

DLAD 5452.233-9001, Disputes – Agreement to Use Alternate 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)

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) FAR 52.212-1 Instructions to Offerors -- Commercial Items (SEP 2023)

ADDENDA TO FAR 52.212-1 Instructions to Offerors – Commercial Items (SEP 2023)

GENERAL

1.

All quotes must be received electronically via email at: thomas.semones@dla.mil, Subject: SP3300-25-Q-5005 Quotation – “Quoter’s Company Name”. Quotations must be received by March 10, 2025, 10:00AM Eastern Time to be considered for award.

2.

Facsimile and hard copy quote submissions will not be accepted or evaluated.

3.

Quotes shall be prepared in the English language.

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. Instructions contained herein are to serve as a guide in preparation of quotes; however, they are not intended to be all inclusive. The instructions generally describe the type and extent of information, which should be provided in the quote. The quoter is expected to completely examine and analyze all aspects of the technical, management, 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 below areas.

5.

Quotes must have the Controlled Unclassified Information (CUI) incorporated markings appropriate pages on each quote file:

(a) Excel Schedule of Supplies – Template includes header and footer with blank controlled block to be filled in by quoter.

(b) All other documents marked with appropriate CUI markings as follows:

· Header on all pages: 1st Line of Header: “CUI”

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

Controlled by: Quoter’s Name CUI Category: SSEL Distribution/Dissemination Controls: FED ONLY POC: To be completed by Quoter

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

6.

Quotes must include the following items:

1.

PAST PERFORMANCE

The quoter shall provide information on its past performance record. If the quoter has no recent, relevant history in the Contractor Performance Assessment Reporting System (CPARS) application, Electronic Subcontract Reporting System (eSRS), or other databases, the quoter may submit up to three (3) recent (within three years), relevant (similar in scope, magnitude and complexity as outlined in the PWS) references to be evaluated. The references may be government or commercial contracts/projects and should include a point of contact, contract number, dollar value, and project information. If a quoter has no recent/relevant past performance, they shall provide the following statement in lieu of the information requested: “(Insert quoter name) has determined they possess no recent, relevant past performance in accordance with the RFQ.”

2.

PRICING AND ADMINISTRATIVE

a. The Price Quote shall be submitted for the period of performance in accordance with the Schedule of Supplies/Services CLIN structure of the solicitation. The quoter shall provide the total price for each year and the total price for all periods of performance. Prices shall be rounded to the second decimal place submitted in Attachment 3 – Schedule of Supplies-Services. Quoters shall only fill out the blocks highlighted in yellow.

b. Representations and Certifications. Quoter’s are required to include a completed copy of the FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items with its quote or may indicate completion of the representations and certifications on the internet at http://www.sam.gov. Quoters are required to include a completed copy of FAR provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment and FAR provision 52.219-1 Small Business Program Representations with their quote submission if not in SAM Representations and Certifications. Failure to include the certifications along with the quotation or to complete the certifications on the internet may result in elimination from consideration for award.

c. Company Name, Address, Point of Contact, Telephone number, and E-mail address.

d. Quoter’s SAM Unique Entity ID and Commercial and Government Entity (CAGE) Code

e. Solicitation Number

f. Signed acknowledgements of amendments (applicable only if any amendments were issued)

7.

Organization: The quoter shall prepare the quote as set forth in the table below. The titles and contents for each file are defined in this table. Quotes shall be submitted as TWO (2) separate files as follow:

(End of Provision) Addenda to FAR 52.212-2 Evaluation - Commercial Products and Commercial Services (NOV 2021) 1.

The Government intends to award one (1) Purchase Order to the acceptable quoter with the lowest evaluated price which is deemed responsible in accordance with the FAR, and which has submitted a quote 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 quotes received; therefore, the initial quote should contain the quoter’s best terms from a price and technical standpoint. Quoters must be determined to be responsible according to the standards of FAR Subpart 9 to be eligible for award.

2.

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

3.

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 quotes without being subject to the policies and procedures of FAR Part 15, and without engaging in "discussions" or "negotiations" under FAR Part 15.

4.

Although the Government intends to award a Purchase Order resulting from this solicitation, the Government reserves the right to reject any and all quotes received and not award any item or items from this solicitation.

5.

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

PAST PERFORMANCE

To be considered acceptable:

1.

The quoter will be evaluated on their past performance record and any other relevant information obtained from available sources which may include Contractor Performance Assessment Reporting System (CPARS), Electronic Subcontract Reporting System (eSRS), Federal Awardee Performance and Integrity Information System (FAPIIS), other databases, as well as interviews with POC references, Program Managers/Customers, Contracting Officers, or Contracting Officer Representatives (CORs), data submitted by the Quoter as part of the Past Performance file, and any other information available to determine the quality and relevance of the quoter’s past performance.

2.

The Government shall determine how well the quoter performed on the recent (within 5 years of solicitation issuance) and relevant (similar in scope, magnitude, complexity) contracts. 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.

In the case of a quoter without a record or references 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.”

4.

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.

PRICE AND ADMINISTRATIVE

1.

If a quote has been determined acceptable under each of the non-price factors listed above, the Government will then evaluate the quote for the lowest price. The quoted total price between quoters determined to be technically acceptable will be the determining factor in the selection of a quote for award. Price analysis shall not be conducted on quoters determined to be unacceptable for award, since the quoter will not be in line for award as the lowest priced technically acceptable quoter. All CLINs must be priced.

2.

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.

3.

Options. The Government will evaluate quotes 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 a quote is unacceptable if ordering period prices are significantly unbalanced.

4.

Option to Extend Services. This contract will include FAR Clause 52.217-8 Option to Extend Services. CLIN 3001 will be established by the Government for implementation of this clause for price evaluation purposes. The Government will calculate the price of CLIN 3001 by taking half of the quoter’s quoted price for CLIN 3001. The price of CLIN 3001 will then be added to the quoter’s total quoted price for evaluation of the quoter’s overall price.

5.

A written notice of award or acceptance of a quoter mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quoter, 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 (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) *********************************END OF THE SOLICITATION********************************