BOOTS, HOT WEATHER

expired opportunity(Expired)
From: Federal Government(Federal)
SPE1C1-22-R-0080

Basic Details

started - 23 May, 2022 (23 months ago)

Start Date

23 May, 2022 (23 months ago)
due - 08 Jul, 2022 (22 months ago)

Due Date

08 Jul, 2022 (22 months ago)
Bid Notification

Type

Bid Notification
SPE1C1-22-R-0080

Identifier

SPE1C1-22-R-0080
Department of Defense

Customer / Agency

Department of Defense
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000141018 1. REQUISITION NUMBER 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER SPE1C1-22-R-0080 5. SOLICITATION NUMBER 2022 MAY 23 6. SOLICITATION ISSUE DATE Stephanie Gallagher PCPQBBD a. NAME Phone: 215-737-5145 b. TELEPHONE NUMBER (No Collect calls) 2022 JUL 08 8. OFFER DUE DATE/ LOCAL TIME 9. ISSUED BY CODE SPE1C1 DLA TROOP SUPPORT C AND T SUPPLY CHAIN 700 ROBBINS AVENUE PHILADELPHIA PA 19111-5096 USA 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR: SMALL BUSINESS HUBZONE SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM 8 (A) SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS 448210NAICS: SIZE STANDARD: 11. DELIVERYFOR FOB DESTINA- TION UNLESS BLOCK IS MARKED 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING 14. METHOD OF SOLICITATION RFQ IFB RFP 15. DELIVER TO CODE 16.
ADMINISTERED BY CODE 17a. CONTRACTOR/ CODE OFFEROR FACILITY CODE TELEPHONE NO. 18a. PAYMENT WILL BE MADE BY CODE 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT See Schedule (Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED SEE SCHEDULE 7. FOR SOLICITATION INFORMATION CALL: SEE SCHEDULE 03:00 PM STANDARD FORM 1449 (REV. 2/2012) Prescribed by GSA - FAR (48 CFR) 53.212 AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE SEE ADDENDUM EDWOSB PAGE 1 OF 123 32a. QUANTITY IN COLUMN 21 HAS BEEN ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED COMPLETE PARTIAL FINAL STANDARD FORM 1449 (REV. 2/2012) BACK 36. PAYMENT PARTIAL FINAL 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT 19. ITEM NO. 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 37. CHECK NUMBER 38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 42b. RECEIVED AT (Location) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form TECHNICAL REQUIREMENTS THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW- ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. Continuation of Blocks from SF 1449 1. Block 8 Offer Due Date/Local Time: Reference Block 8 of the SF 1449 2. Block 9 › Address and Submit “mailed” offers to: All Offers Must Be Mailed To: DLA TROOP SUPPORT ATTN: Stephanie Gallagher, Building C, #5226 700 Robbins Avenue Philadelphia, PA 19111 Solicitation Number: Reference Block 5 of the SF 1449 Opening/Closing Date and Time: Reference Blocks 6 & 8 of the SF 1449 › Address and Deliver “hand carried” offers, including delivery by commercial carrier, to: All Offers Must Be Mailed To: DLA TROOP SUPPORT ATTN: Stephanie Gallagher, Building C, #5226 700 Robbins Avenue Philadelphia, PA 19111 Solicitation Number: Reference Block 5 of the SF 1449 Opening/Closing Date and Time: Reference Blocks 6 & 8 of the SF 1449 Notes: 1. All hand carried offers are to be delivered between 8:00 a.m. and 11:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the specified address above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER'S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449. 2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail. › Transmit “facsimile” offers (if authorized; see “Addendum” to 52.212-1(b)) or offer modifications/withdrawals to: (215) 737-9300, 9301, 9302, 9216, or 8558 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) Offers submitted to any other facsimile number shall not be considered for award. 3. Block 17a › Offeror's assigned Unique Entity Identifier Number: _______________ (If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors --Commercial Items (paragraph j) for information on establishing a unique entity identifier.) › Offeror's assigned Contractor and Government Entity (CAGE) Code:__________________ 4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.) ________________________________ ________________________________ ________________________________ 5. Blocks 19-22 Item No., Schedule of Supplies/Services, Quantity, Unit: SCHEDULE OF SUPPLIES/SERVICES Item: Army, Hot Weather (HW), Combat Boot, Coyote Purchase Description: MIL-DTL-32237C, dated 5 May 2016 PGC: 04039; 04091 (Please Section Titled “DESCRIPTION/SPECIFICATION/STATEMENT OF WORK” for NSNs, UPCs, and Sizes) This solicitation contains three separate and distinct lots that will result in three separate awards. For the purposes of efficiency, these lots are being combined in one solicitation rather than issuing separate solicitations for each lot. The minimum and maximum quantities for each lot are listed below. The quantities for Lot 0001 represent 55% of the total annual estimated quantity for the Army Combat HW Boot; the quantities for Lot 0002 represent 25% of the total annual estimated quantity for the Army Combat HW Boot; and the quantities for Lot 0003 represent 20% of the total annual estimated quantity for the Army Combat HW Boot. A single contract will be awarded for each lot based on the evaluation criteria listed in this solicitation. To ensure that multiple sources are available and to ensure the continuous availability of reliable sources of supply, the offeror who is selected as the best value for one of the lots may be excluded from competition on the remaining lot based on the authority in FAR 6.202(a)(4). However, the Government reserves the right to make awards of multiple lots to the same awardee if it is deemed in the Government's best interests. Orders will be issued under each separate contract in accordance with the terms and conditions of the contract and without notice to, or consideration of, any other contractor, or consideration of the terms and conditions of any other contract. The fair opportunity provisions of FAR 16.505(b) will not be applicable to orders under the resulting contracts. The three contracts to be awarded under this solicitation will result in firm-fixed price, indefinite delivery, indefinite quantity type contracts. Each contract will have a three (3) year ordering period. Within the three (3) year ordering period, there will be three one-year tier periods. Acceptance of each of the three one-year tiers is mandatory. Offerors shall provide a unit price for each of the three one-year tier periods. Failure to provide a unit price for each tier in the tables set forth below may be deemed as non-acceptance of the terms and conditions and may result in the rejection of the offeror's entire proposal. The requirements for Lot 0001, Lot 0002, and Lot 0003 are as below. Note that each lot will include special measurements. Lot 0001 is broken down to show requirements for PGC 04039 and PGC 04091. Lot 0001: will be issued as an Unrestricted and the quantity represents 55% of the Government's total requirement for the CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) Army Combat HW Boot. Lot 0001 will include PGC 04039 and PGC 04091 as follows: Lot 0001 PGC 04039 The Contract Guaranteed Minimum Quantity is 37,761 pairs. The Annual Estimated Quantity (AEQ) is 151,014 pairs (Tier 1), 197,184 (Tier 2 and Tier 3). The Contract Maximum Quantity is *681,729 pairs with a monthly maximum of 20,568. Lot 0001 PGC 04091 The Contract Guaranteed Minimum Quantity is 75 pairs. The Annual Estimated Quantity (AEQ) is 300 pairs (Tier 1, Tier 2, and Tier 3). The Contract Maximum Quantity is *1,125. *The Total Contract Maximum Quantity for Lot 0001, PGC 04091 and PGC 04039, is 682,854 boots. Special Measurement footwear is a provision that is required under this contract, Lot 0001 only. Special Measurements are sizes outside of the item's size range. It is estimated that the quantity of special measurement footwear required in a one- year period is approximately 15-30 pair. Delivery for special measurement shipments shall be 21 days for recruit centers and 60 days for non-recruit centers. The special measurement price will not be considered in determining or evaluating the overall total dollar value. Special measurement prices must be determined fair and reasonable before award. Lot 0002: will be issued as Small Business Set-Aside and the quantity represents 25% of the Government's total requirement for the Army Combat HW Boot. Lot 0002 PGC 04039 The Contract Guaranteed Minimum Quantity is 17,196 pairs. The Annual Estimated Quantity (AEQ) is 68,778 pairs (Tier 1), 89,766 (Tier 2 and Tier 3). The Contract Maximum Quantity is 310,386 pairs CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) *Special Measurement footwear is a provision that is required under this contract, Lot 0001 only. Special Measurements are sizes outside of the item's size range. It is estimated that the quantity of special measurement footwear required in a one- year period is approximately 15-30 pair. Delivery for special measurement shipments shall be 21 days for recruit centers and 60 days for non-recruit centers. The special measurement price will not be considered in determining or evaluating the overall total dollar value. Special measurement prices must be determined fair and reasonable before award. Lot 0003: will be issued as Small Business Set-Aside and the quantity represents 20% of the Government's total requirement for the Army Combat HW Boot. Lot 0003 PGC 04039 The Contract Guaranteed Minimum Quantity is 13,758 pairs. The Annual Estimated Quantity (AEQ) is 55,020 pairs (Tier 1), 71,814 (Tier 2 and Tier 3). The Contract Maximum Quantity is 248,310 pairs *Special Measurement footwear is a provision that is required under this contract, Lot 0001 only. Special Measurements are sizes outside of the item's size range. It is estimated that the quantity of special measurement footwear required in a one- year period is approximately 15-30 pair. Delivery for special measurement shipments shall be 21 days for recruit centers and 60 days for non-recruit centers. The special measurement price will not be considered in determining or evaluating the overall total dollar value. Special measurement prices must be determined fair and reasonable before award. NOTES REGARDING SUBMISSION OF DELIVERY TERMS AND UNIT PRICES: 1. Each Tier listed above represents a one-year period. 2. The Government is only bound to order the Contract Guaranteed Minimum Quantity under each lot. a. The Government is only bound to order 37,836 pairs under the award for Lot 0001. b. The Government is only bound to order 17,196 pairs under the award for Lot 0002. c. The Government is only bound to order 13,758 pairs under the award for Lot 0003. 3. The Annual Estimated Quantity (AEQ) refers to the Government's good faith estimate of the requirements during a specified contract tier. The AEQ does not obligate the government to order a specific quantity, it is provided for CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) informational purposes only. The government is only required to order the Contract Guaranteed Minimum Quantity associated with each lot listed above. 4. The Maximum Contract Quantity reflects the sum of 125% of the AEQ for each Tier (a total of 3 Tiers). The Government reserves the right to place orders up to the Maximum Contract Quantity, but not to exceed the order limitation of FAR clause 52.216-19, which is also stated in paragraphs a. and b. directly below). The Government is not obligated to order the maximum Contract Quantity listed for each lot; however, the Government has the legal right to order up to this quantity prior to the final expiration of any resultant contract. The Government is only required to order the Contract Guaranteed Minimum Quantity listed above. a. The Maximum Contract Quantity for Lot 0001 is 682,854 pairs. Delivery orders may require concurrent deliveries; however, the Government will not require the delivery of more than 20,568 pairs in any given 30-day period for the contract awarded under Lot 0001. b. The Maximum Contract Quantity for Lot 0002 is 310,386 pairs. Delivery orders may require concurrent deliveries; however, the Government will not require the delivery of more than 9,348 pairs in any given 30-day period for the contract awarded under Lot 0002. c. The Maximum Contract Quantity for Lot 0003 is 248,310 pairs. Delivery orders may require concurrent deliveries; however, the Government will not require the delivery of more than 7,482 pairs in any given 30-day period for the contract awarded under Lot 0003. 5. Lot 0001 is Unrestricted and will be evaluated based on Best Value Trade-Off Source Selection Procedures with Product Demonstration Models (PDMs) and Past Performance Confidence Assessment, and Small Business Participation as evaluation factors. 6. Lot 0002 is a Total Small Business Set-Aside and will be evaluated based on Best Value Trade-Off Source Selection Procedures with Product Demonstration Models (PDMs) and Past Performance Confidence Assessment as evaluation factors. 7. Lot 0003 is a Total Small Business Set-Aside and will be evaluated based on Best Value Trade-Off Source Selection Procedures with Product Demonstration Models (PDMs) and Past Performance Confidence Assessment as evaluation factors. 8. The offeror shall submit five (pairs) Product Demonstration Models (PDMs), five pairs of size 10R, as part of its proposal. PDMs will be submitted at no expense to the Government and must be received prior to the time and date set forth for closing of offers. 9. The Unit Price offered to the Government should include all costs; including PDMs, manufacturing costs, and transportation costs to Pendergrass, GA: DoDAAC: UY0159 LVI - OCIE SE Pendergrass Distribution Center 596 Bonnie Valentine Way - Door 28 Pendergrass, GA 30567 10. Unit Price shall be based on F.O.B. DESTINATION only. 11. Inspection and Acceptance: ORIGIN. 12. The Total Dollar Value is calculated by multiplying each tier's unit price by the AEQ. 13. The Estimated Contract Dollar Value will be utilized for evaluation purposes and is calculated in the following manner: the Unit Price for each tier (Tier 1 through Tier 3) is multiplied by the AEQ specified for each tier to arrive at a Total Dollar Value per tier. Then the Total Dollar Value for each tier is added together to arrive at an Estimated Contract CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) Dollar Value, which will be used for the price evaluation. 14. All offers shall include unit prices for all three (3) tiers. FAILURE TO OFFER ON ALL TIERS MAY RESULT IN REJECTION OF YOUR ENTIRE PROPOSAL. NOTE: An offeror is not required to submit offers on all three lots. A small business offeror may submit an offer on one lot or three lots. 15. Production Lead Time is 150 days. 16. This solicitation includes clause 52.215-1, Instructions to Offerors - Competitive Acquisition to allow award based on initial offers without conducting discussions. However, the Government reserves the right to conduct negotiation/ discussions if deemed necessary. 17. Offerors shall mark each page of their proposals with “CUI, Source Selection Information - See FAR 2.101 & 3.104.” 18. As part of the United States Defense Industrial Base, offerors are strongly encouraged to offer sustainable pricing that adequately covers all costs, accounts for market risk and volatility and allows for long term viability and capital investment. Offers are advised that the awardee will be contractually bound to perform at the final pricing submitted for the duration of the contract performance period(s) established in this solicitation. Successful contract performance at sustainable pricing is critical to the health of the domestic industrial base and will better ensure current and long-term support to the Warfighter. ************************************************************************************* DEMAND TARIFF The following is a representation of DLA Troop Support's current demand tariff for the Boot, Hot Weather Combat (PGC: 04154). This may be used for planning purposes. However, it should be noted that the sizes and quantities actually ordered against the resulting contract will be based on current needs taking into account current stockage levels and ordering by the Services. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) DELIVERY SCHEDULE THIS DELIVERY SCHEDULE REPRESENTS THE TOTAL INITIAL REQUIREMENT FOR THIS BOOT. THE DELIVERY SCHEDULE SHOWN ABOVE REPRESENTS THE QUANTITIES TO BE ORDERED AT TIME OF AWARD. THE GOVERNMENT RESERVES THE RIGHT TO CHANGE QUANTITIES ORDERED PER SIZE. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) Note: Delivery schedule listed is for full minimum; delivery schedule will be divided per lot after award. CAUTION NOTICES: AUTHORIZED NEGOTIATORS The Government does not intend to hold negotiations, however, if negotiations are deemed necessary by the Contracting Officer, please list the name(s), title(s), e-mail address(es), and telephone number(s) for each person(s) authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator: __________________________________________________________________________________ __________________________________________________________________________________ SYSTEM FOR AWARD MANAGEMENT (SAM) The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems: * Central Contractor Registry (CCR) * Federal Agency Registration (Fedreg) * Online Representations and Certifications Application * Excluded Parties List System (EPLS) All Contractors must register on the SAM website: https://www.sam.gov/portal/public/SAM/ in order to be considered for award. Offerors are reminded to complete all applicable representations and certifications appearing in this solicitation. Failure to complete all representations and certifications may result in the offer being removed from award consideration for failure to comply with all terms and conditions of the solicitation. SUBMISSION OF OFFERS It is the Offerors responsibility to ensure that offers reach the Government office designated in the solicitation on time. All hand carried offers are to be delivered between 8:00 a.m. and 11:00 p.m., Monday through Friday, except for legal federal CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) holidays as set forth in 5 USC 6103. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER'S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in block 9 of the Standard Form 33. Examples of "hand carried" offers include: Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail. Ultimately, it is the offeror's responsibility to ensure that its proposal is received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF YOU ARRIVE AN HOUR BEFORE THE OFFER IS DUE. Failure to deliver prior to the closing date and time may result in the offeror's proposal being deemed untimely and not considered further for the award per FAR 52.215-1 Instruction to Offerors - Competitive Acquisitions. IMPORTANT NOTICE: Defense Biometric Identification System (DBIDS) is used at this facility and DBIDS requirements shall be followed by all carriers attempting to deliver a proposal and/or package to this facility. Additional information can be obtained via https://dbids/dmdc.mil/. IMPORTANT NOTICE: EFFECTIVE OCTOBER 1, 2021, ALL CARRIERS/INDIVIDUALS ATTEMPTING TO DELIVER ANY PACKAGES/PROPOSALS/ETC. TO DLA TROOP SUPPORT SHALL HAVE PRESENT CREDENTIALS THAT MEET REAL ID REQUIREMENTS IN ORDER TO GAIN ACCESS TO MAKE A DELIVERY. NO EXCEPTIONS SHALL BE MADE. CAUTION: It is the responsibility of the Offeror to address and mark offers as specified in FAR 52.214-5 - SUBMISSION OF BIDS or FAR 52.215-1 - INSTRUCTIONS TO THE OFFERORS - COMPETITIVE ACQUISITION Offerors shall mark each page of their proposals with "Source Selection Information - See FAR 2.101 & 3.104." CAUTION: Submission of proposals through the DIBBS website is NOT authorized for this solicitation. Facsimile offers are not authorized for submission of initial offers but may be authorized for subsequent requests for revised offers or final proposal revisions. Telegraphic offers are not authorized for this solicitation. CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision FAR 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. ************ Vendors are now able to upload offers in DIBBS and submit additional documents for open RFPs/IFBs/Other RFQs. DIBBS electronic upload is the preferred method of proposal submission. Attached to this solicitation is a “How to Guide” to upload a completed offer and all associated documents. The offer must be signed and completed in its entirety in accordance with the solicitation requirements. Submittal of the proposal through DIBBS is permitted/preferred; however, it does not constitute a complete proposal submission. Timely PDM submittal to the Business Opportunities Office is required. PDMs must be delivered to the Business Opportunities Office prior to the solicitation closing date/time to be considered timely. Failure to submit a complete proposal comprised of solicitation package through DIBBS and PDMs to the Business Opportunities Office may result in the rejection of the offer and will render the offeror ineligible to receive an award under this solicitation. Please see paragraphs below regarding hand carried offers and PDM submission to the Business Opportunities Office and Addendum to 52.212-1 Instructions to Offerors - Commercial Items. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) NOTE: If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for a late bid. Hand carried offers is another acceptable submission method. ********** All hand carried offers and PDM submission are to be delivered between 8:00 a.m. and 3:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER'S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in block 8 of the Standard Form 1449. Examples of “hand carried” offers include: Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail. Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Office) is located within a secure military installation. In order to gain access to the facility an escort may be required. The escort will be an employee from the Bid Room. The following are the telephone numbers for the Bid Room: (215) 737-8511, (215) 737-9044, or (215) 737-7354. Ultimately, it is the offeror's responsibility to ensure that its proposal is received at the correct location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain access to the facility varies based on a number of circumstances, it is recommended that you arrive at the installation at least one hour prior to the time the solicitation closes to allow for security processing and to secure an escort. NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE IF YOU ARRIVE AN HOUR BEFORE THE OFFER IS DUE. Failure to deliver prior to the closing date and time may result in the offeror's proposal being deemed untimely and not considered further for the award per FAR 52.215-1 Instruction to Offerors - Competitive Acquisitions. IMPORTANT NOTICE: Defense Biometric Identification System (DBIDS) is used at this facility and DBIDS requirements shall be followed by all carriers attempting to deliver a proposal and/or package to this facility. Additional information can be obtained via https://dbids/dmdc.mil/. IMPORTANT NOTICE: EFFECTIVE OCTOBER 1, 2021, ALL CARRIERS/INDIVIDUALS ATTEMPTING TO DELIVER ANY PACKAGES/PROPOSALS/ETC. TO DLA TROOP SUPPORT SHALL HAVE PRESENT CREDENTIALS THAT MEET REAL ID REQUIREMENTS IN ORDER TO GAIN ACCESS TO MAKE A DELIVERY. NO EXCEPTIONS SHALL BE MADE. PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES - BERRY AMENDMENT Offerors are cautions that all components must be of domestic origin in compliance with clause 252.225-7012, Preference for Certain Domestic Commodities. NOTE: THE DEPARTMENT OF DEFENSE IS PROHIBITED BY THE PROVISIONS OF THE BERRY AMENDMENT FROM PROCURING ITEMS OF CLOTHING THAT HAVE NOT BEEN GROWN OR PRODUCED IN THE UNITED STATES OR ITS POSSESSIONS. Section 833 of the National Defense Authorization Act for Fiscal Year 2006 Act added language to 10 U.S.C. 2533a (Berry Amendment) requiring that all articles or items of “clothing”, including the materials and components thereof, purchased by the Department of Defense be grown, reprocessed, reused, or produced in the United States, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof). Very Important: The vendor must confirm their agreement to these terms and conditions of the solicitation by signing and dating page one (1) of form SF 1449 and completing the following: Section 833 - National Defense Authorization Act Confirmation I, ___________________________________(printed name) do hereby confirm by signature below that all articles or items of “clothing”, including the materials and components thereof, being offered for sale to the Department of Defense have been grown, reprocessed, reused, or produced in the United States, other than sensor, electronics or other https://dbids/dmdc.mil/ CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) items added to, and not normally associated with, clothing (and the materials and components thereof). ____________________________________ (signature) 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020) FAR FAR clause 52.219-28 is not being used as an evaluation factor but will apply to the subsequent award. C&T ELECTRONIC INVOICING AND ADVANCED SHIPMENT NOTIFICATIONS (ASN) The Directorate of Clothing and Textiles (C&T) requires electronic invoicing on all contracts unless another method is mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office. UTILIZATION OF WIDE AREA WORKFLOW - RECEIPTS AND ACCEPTANCE (WAWF-RA) IN CONJUNCTION WITH DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. The Directorate of Clothing and Textiles utilizes VIM-ASAP, which is short for DLA Virtual Item Manager ARN Supply- Chain Automated Processing, to transmit data to WAWF-RA. VIM-ASAP is the only authorized method to electronically process requests for payment to WAWF-RA for the Directorate of Clothing and Textiles. VIM-ASAP will give you visibility of contract information, track production status and print labels. VIM-ASAP pre-populates contract data on your invoices, such as unit price, contract numbers, item numbers, addresses, and many other fields that will save you labor and time. Advanced Shipment Notifications (ASNs) associated with DFARS clause 252.211-7006, PASSIVE RADIO FREQUENCY IDENTIFICATION are sent via VIM-ASAP to WAWF-RA processes. Please contact the VIM-ASAP help desk at 888-940-7348 to get started today! For questions about invoice preparation, just call the DFAS Customer Service Resource Center at 1-800-756-4571, or check out these resources: http://www.dfas.mil/contractorsvendors.html ...under the "Contractor/Vendor Pay" link. http://www.dfas.mil/ecommerce/wawf/info.html... information regarding bill paying process and how to use Wide Area Workflow http://www.dfas.mil/ecommerce/myInvoice/gettingstarted.html myInvoice is an interactive web application developed specifically for contractors/vendors and government/military employees to obtain invoice status. It is available 24/7. CHANGE TO VIM-ASAP Please note: vendors under contract with DLA troop support clothing & textiles are able to use a web-based application called VIM, or Virtual Item Manager (https://vim.dla.mil). VIM allows manufacturers to generate and transmit contract documents such as delivery orders (DD1155s) and material inspection and receiving reports (DD250s). Previously, vendors registered using a user ID and password; however, soon all vendors must use an ECA certificate to access VIM. Please see below for more information. Why is VIM requiring access via ECA certificate? DoDI 8520.2 mandates the use of DoD PKI identity certificates when accessing DoD information systems. The DoD established the external certification authority (ECA) program to support the issuance of DoD-approved certificates to industry partners and other external entities and organizations. ECA certificates enable contractors to securely communicate with the DoD and authenticate themselves to DoD information systems. What are ECA certificates? ECA certificates are individually issued digital identity credentials. The DoD relies upon these credentials to ensure the identity of the user in online environments or when a certificate holder tries accessing DOD information systems. ECA http://www.dfas.mil/contractorsvendors.html http://www.dfas.mil/ecommerce/wawf/info.html http://www.dfas.mil/ecommerce/myInvoice/gettingstarted.html https://vim.dla.mil CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) certificates are stored either on hardware devices (smart cards or USB devices) or software versions (stored on your computer's hard drive). You will use your certificate to: 1) establish your identity when trying to access a protected site 2) legally "sign" a document, form, or application 3) encrypt messages (email) or documents to ensure confidentiality Much like a driver's license or a passport, they are unique to each individual, and cannot be shared. It is against DOD regulations to share a username and password or allow someone to access another's ECA certificate for any reason. Violation of this policy will result in the immediate revocation of the original owner's certificate. How can I obtain an ECA certificate? The following are the three entities authorized by the DoD to issue ECA certificates. Review and apply for an ECA certificate from one of the below organizations to access your vim account: 1) IdenTrust: http://www.identrust.com/certificates/eca/index.html 2) ORC (Operational Research Consultants): http://eca.orc.com/ 3) Verisign: https://eca.verisign.com/ I have an ECA certificate, how do I access vim now? Simply log into vim with your existing user ID and password as usual and then follow the steps: 1) Under menu, click the “certificate registration” option 2) Read the brief instruction and then click “continue” 3) Your certificate will display in a pop-up. Select the certificate and click “continue” 4) You will be prompted to enter your current password for confirmation and click “ok” 5) The message displays “your certificate has been successfully registered…” click “ok” to complete the process. You will be logged out of vim and prompted to login with your certificate. 6) Click “accept” to the terms and then select “certificate login”. 7) Your certificate will display in a pop-up. Select the certificate and click “ok” and you will be logged into your VIM account. Remember, your old login credentials will no longer be valid, and you will use your certificate to login into VIM. ******************************************************************************] • ISSUE: Editing capability in wide area workflow (WAWF) and VIM-ASAP – Electronic submission and processing of payment request and receiving reports (RR) – Vendor mandate 252.232-7003 – Action: depending on status in WAWF and VIM-ASAP – Submitted status (WAWF) – Rejected status (WAWF) • Vendor must contact VIM-ASAP help desk at 1-888-940-7348 – Recognized mistakes submitted to VIM-ASAP within the 1st hour can be removed – Vendors can recall shipments not signed (accepted) by quality assurance representative (QAR) – After voiding submission, Modulant will “un-finish” the submission and vendor will enter correction. – Vendor must contact DFAS to ask for a rejection of invoice submission – Call 1-800-756-4571 option 2 then option 2 – DFAS representatives may request an e-mail with contract specifics DFAS will reject invoices not the RR Stop shipment delays and rejections! For deliveries to New Cumberland depot or the 3PL-Third Party Logistics locations, ensure your Government or http://www.identrust.com/certificates/eca/index.html http://eca.orc.com/ https://eca.verisign.com/ CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) Commercial Bills of Lading are correctly annotated with the following information in the description of articles: * Weight * Pieces * National Stock Number(s) (NSNs) * Contract Number * Shipment Number For New Cumberland only, also include: Door #s 113-134 - Mission Delivery (storage) -- or -- Door #s 135-168 - Container Consolidation Point (CCP) Delivery (OCONUS) (which ever applies to your freight) Delivery appointments are required for these locations. Your truckers/dispatchers/brokers/etc. should have the above information readily available when calling to schedule delivery appointments as follows: New Cumberland, PA DDC - 717.770.6969 Travis Association for the Blind (Austin, TX) - 512.647.4700 or email: deliveryappointment@austinlighthouse.org Peckham Inc., Navy & Coast Guard 3PL, Bldg. A (Lansing, MI) - 517.316.4110 or 517.316.440 vpvcustserv@peckham.org Peckham Inc., OCIE-North, Bldg. B (Lansing, MI) - 517.316-4326 or 517.316.4409 or email: ocien3pl@peckham.org LVI (Pendergrass, GA) - 706.693.1918, Option #1 Tracy, CA DDC - 209.839.4307 Don't let the following common invoicing errors delay your payments any longer: § Missing or Erroneous Contract Number § Missing Call/Delivery Order Number § Missing or Erroneous Shipment Number § Failure to Mark DD250 as an Original Invoice § Failure to Distribute a Copy of the DD250 to the Contract Administration Office Terminal § Contract Line Item Number (CLIN) is Omitted, Incorrect or Does Not Match that Appearing in the Contract § Missing or Erroneous Unit of Issue § Quantity and Price are Incorrect § Wrong Pay Office on Invoice PRODUCTION FACILITY CHANGES (a) The performance of any of the work contracted for in any place other than that named in the contract is prohibited unless specifically approved by the Contracting Officer. Written requests for a change in production facilities must be submitted in writing to the Contracting Officer. Changes in production facilities may be approved, provided: (1) Performance by small business or in labor surplus areas as required by the contract will not be changed; (2) The change will not cause a delay in delivery or necessitate a change in the purchase description; (3) The free on board (f.o.b.) point is not changed; and (4) Each request is supported by a price reduction of $250.00 to cover the Government's administrative costs to process the change. (b) The Government reserves the right to deny approval even if these four elements are met. CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business mailto:deliveryappointment@austinlighthouse.org mailto:vpvcustserv@peckham.org mailto:ocien3pl@peckham.org CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733) If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer. PATIENT PROTECTION AND AFFORDABLE HEALTH CARE ACT Please note that the Patient Protection and Affordable Health Care Act ("the Act"), 124 Stat. 119, imposes duties upon employers concerning the provision of health care to their employees. Health insurance costs, including any costs associated with compliance with changes in the applicable law, are the sole responsibility of the offeror. Offerors are advised that their proposals should include any costs associated with the implementation of the Act. Any changes in health coverage costs and/or costs associated with compliance, occurring after award of a contract pursuant to this solicitation will not form the basis for an equitable adjustment of the contract price. ************************************************************************************* DESCRIPTION/SPECIFICATION ITEM DESCRIPTION: THE BOOT SHALL BE A HOT WEATHER, COMBAT BOOT MADE IN ACCORDANCE WITH MIL- DTL-32237 REV C, DATED 5 MAY 2016. RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: HTTP://WWW.DLA.MIL/HQ/ACQUISITION/OFFERS/EPROCUREMENT.ASPX CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. PAGE 7, PARA 3.4.4.1.4 VAMP LINING. AT THE END OF THE PARAGRAPH ADD THE FOLLOWING: "NOTE: FOR THE BOOT, COMBAT, HOT WEATHER ARMY (MIL-DTL-32237C), ULTRA-FRESH DM-25 MAY BE USED AS AN ALTERNATIVE TO QUINOLIOLATE AS DESCRIBED IN PARAGRAPH 3.1 OF A-A-55296." PAGE 8, PARA 3.4.6 BINDING TAPE. ON LINE ONE (1) FOLLOWING “THE TAPE FOR BINDING THE TOP EDGE OF THE GUSSET SHALL BE NYLON CONFORMING TO MIL-PRF-5038 TYPE III, CLASS 1 OR 2, 3/4 INCH.”, INSERT THE FOLLOWING: “AS AN ALTERNATIVE FOR THE BINDING TAPE, PRODUCER COLORED 500 DENIER TEXTURED WARP YARN AND NON-TEXTURED 210 DENIER FILLING YARN MAY BE USED, PROVIDED THEY MEET THE MINIMUM BREAKING STRENGTH OF 300 LBS.” PAGE 8, PARA 3.4.7 BACKSTAY AND ANKLE REINFORCEMENT TAPE. ON LINE TWO (2) FOLLOWING “THE WEBBING SHALL CONFORM TO MIL-W-17337, CLASS 1 OR 2.", INSERT THE FOLLOWING: “AS AN ALTERNATIVE FOR THE 1-INCH BACKSTAY WEBBING, PRODUCER COLORED TEXTURED CONTINUOUS FILAMENT NYLON YARNS MAY BE USED WITH 1000 DENIER WARP YARNS, 500 DENIER FILLING YARNS, AND A MINIMUM BREAKING STRENGTH OF 950 LBS MAY BE USED. AS AN ALTERNATIVE FOR THE 3-INCH ANKLE REINFORCEMENT WEBBING, PRODUCER COLORED TEXTURED CONTINUOUS FILAMENT NYLON YARNS MAY BE USED WITH 1000 DENIER WARP YARNS, 500 DENIER FILLING YARNS, AND A BREAKING STRENGTH OF 2400 LBS.” PAGE 8, PARA 3.4.8 COLLAR FOAM. FIRST PARAGRAPH, DELETE “1/4-INCH” AND REPLACE WITH “1/4-INCH (±1/32-INCH)”. PAGE 8, PARA 3.4.11 EYELETS. AFTER THE SECOND SENTENCES, INSERT “THE EYELETS MAY BE FASTENED TO THE BOOT WITH EITHER A ROLL-SET OR A STAR-SET TO THE INSIDE EYELET STAY.” PAGE 8, PARA 3.4.12.2 WASHERS. DELETE THE PARAGRAPH IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING: "3.4.12.2 WASHERS. THE WASHERS SHALL BE BRASS. THE WASHERS SHALL HAVE AN OUTSIDE DIAMETER OF 0.463 (± 0.010) INCH, AND AN INSIDE DIAMETER OF 0.220 (± 0.020) INCH, AND A THICKNESS OF 0.013 (± 0.010) INCH." PAGE 9, PARAGRAPH “3.5.3 OUTERSOLE.” DELETE IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING: "3.5.3 OUTERSOLE. THE OUTERSOLE DESIGN SHALL BE THE QUABAUG VIBRAM SIERRA 1276, OR EQUAL AS APPROVED BY THE GOVERNMENT. THE COLOR OF ANY IDENTIFICATION PLUG SHALL BE DESERT SAND (TYPE I) OR COYOTE 498 (TYPE II) IN COLOR UNLESS OTHERWISE SPECIFIED IN THE CONTRACT OR SOLICITATION.” CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) PAGE 12, PARA 3.11.1.2 CUTTING FABRIC UPPER PARTS. DELETE IN ITS ENTIERTY AND REPLACE WITH THE FOLLOWING: “3.11.1.2. CUTTING FABRIC UPPER PARTS. THE QUARTERS SHALL BE CUT IN THE BIAS DIRECTION, SUCH THAT THE COLLAR SEAM IS NOT PARALLEL WITH EITHER THE WARP OR FILL DIRECTION. THE COLLAR COVER SHALL BE CUT IN THE BIAS DIRECTION AS WELL.” PAGE 13, PARA 3.12.3 PAIRING, LACING, AND INSTRUCTION TAG. DELETE IN ITS ENTIRETY AND REPLACE WITH THE FOLLOWING: “3.12.3. PAIRING, LACING, AND INSTRUCTION TAG. THE BOOTS SHALL BE PAIRED. A LACE SHALL BE INSERTED THROUGH THE TOP SPEED LACE LOOP OF THE OUTSIDE QUARTER OF EACH BOOT, AND THE TWO (2) LACES FOR EACH PAIR SHALL BE TIED FIRMLY TOGETHER. ONE (1) INSTRUCTION TAG (SEE 3.13.1.) SHALL BE ATTACHED TO EACH PAIR OF BOOTS BY INSERTING A LACE THROUGH THE HOLE IN THE INSTRUCTION TAG." "PAGE 17, TABLE XI, COMPONENT TEST. UNDER OUTERSOLE, DELETE SHADE EVALUATION." BAR CODE LABEL/ HANG TAG; EACH PAIR OF BOOTS SHALL BE BAR-CODED WHICH IS CLEARLY LEGIBLE AND READABLE BY SCANNER. THE BAR CODING ELEMENT SHALL BE A 13 DIGIT NATIONAL STOCK NUMBER (NSN). THERE SHALL BE A 12 DIGIT (UPC) NUMBER ASSIGNED FOR ALL NSNS BY DLA TROOP SUPPORT. THE INITIALS “UPC” MUST APPEAR BENEATH THE CODE. THE BAR CODE FOR NSN AND UPC TYPE SHALL BE A MEDIUM TO HIGH DENSITY AND SHALL BE LOCATED SO THAT IT IS COMPLETELY VISIBLE ON THE ITEM WHEN IT IS FOLDED AND OR PACKAGED AS SPECIFIED AND CAUSES NO DAMAGE TO THE ITEM. AN RFID INLAY SHALL BE ADDED TO THE BARCODE PAPER HANG TAG ATTACHED TO EACH ITEM. ALL OTHER CONTRACT BARCODE AND HANG TAG REQUIREMENTS STILL APPLY. THE RFID INLAY SHOULD BE PASSIVE GEN2 WITH A FREQUENCY RANGE BETWEEN 860 AND 960 MHZ. THE RFID ANTENNA SHOULD BE AVERY/DENNISON AD222 OR COMPARABLE WITH ISO/IEC 18000-C EPCGLOBAL C1G2 PROTOCOL AND AN EPC MEMORY ALLOCATION CONTAINING A 96 BIT EPC NUMBER. THE DATA LINKING THE EPC NUMBER TO THE NSN AND QUANTITY UNIT PACK MUST BE EXPORTABLE TO VIM/ASAP. THE BAR CODE OF THE EPC NUMBER MUST BE PRINTED AT THE BOTTOM OF THE TAG ALONG WITH THE HUMAN READABLE VERSION BELOW THE BAR CODE. IN ADDITION TO DEFECTS APPLICABLE TO THE PAPER TAG AND BARCODING ELEMENT, THE RFID TAG SHALL BE EXAMINED FOR THE DEFECTS LISTED BELOW: RFID INLAY OMITTED RFID INLAY NOT SECURE RFID INLAY NOT READABLE WITH RFID SCANNER RFID INLAY OR CONFIGURATION NOT AS SPECIFIED THE MANUAL DOCUMENT "ITEM-LEVEL PASSIVE RFID TECHNOLOGY MANUFACTURER'S INFORMATION GUIDE" PROVIDES GUIDANCE ON RFID IMPLEMENTATION AND IS AVAILABLE FROM THE CONTRACTING OFFICER. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 23 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) QUALITY ASSURANCE PROVISIONS: THE CONTRACTOR SHALL ASSURE THAT ALL ITEMS ARE FREE OF CONSUMER TYPE DEFECTS SUCH AS: VARIATIONS OF MORE THEN ¼ INCH IN HEIGHT OF THE PAIR, NOT PROPERLY MATED; ANY SPOT, STAIN OR FOREIGN MATTER; NOT SPECIFIED COLOR; FINISH CHIPPED, STREAKY, CRACKED OR SHOW RUNS ON UPPERS; LINING WRINKLED OR EXCESSIVE FULLNESS; ANY CUT, TEAR, HOLE, REPAIR, ABRASION; ANY COMPONENT OR ASSEMBLY MISPLACED, OPERATION OMITTED OR NOT PROPERLY PERFORMED; ANY OPEN SEAM, LOOSE OR TIGHT STITCH TENSION, ANY ROW OF STITCHING OMITTED, NEEDLE HOLES OR NEEDLE CHEWS; THREAD ENDS EXPOSED, ANY PROTRUDING POINT ON MIDSOLE; STEEL TOE MISSING, ANSI LABEL OMITTED, BAR CODE LABEL/TAG OMITTED OR NOT READABLE BY SCANNER, HUMAN READABLE INTERPRETATION (HRI) OMITTED OR ILLEGIBLE, NOT VISIBLE ON PACKAGED ITEM WHICH CAUSES DAMAGE TO THE ITEM. COMPONENT TESTING (SOURCE SAMPLING). EACH SUCCESSFUL OFFEROR WILL HAVE THE FIRST THREE LOTS OF COMPONENT MATERIALS TESTED AT A QLL LABORATORY CAPABLE OF PERFORMING THE TESTS AS STATED IN THE PURCHASE DESCRIPTION (MIL-DTL-32237C) TABLE IX OF THE RESULTANT CONTRACT. ASSUMING THESE LOTS PASS, THE CONTRACTOR (S) WILL SUBMIT A CERTIFICATE OF COMPLIANCE FOR ALL TESTS OF ALL SUBSEQUENT LOTS. THE GOVERNMENT RESERVES THE RIGHT TO DRAW SAMPLES FROM ANY LOT AND PERFORM WHATEVER TESTS DEEMED NECESSARY AT ANY TIME DURING THE LENGTH OF THE CONTRACT. SAMPLING FOR VISUAL INSPECTION. EXAMINATION FOR ABOVE DEFECTS SHALL BE IN ACCORDANCE WITH INSPECTION LEVEL II, AQL 2.5 (MAJORS) & AQL 6.5 (MINORS) OF AMERICAN NATIONAL STANDARD ANSI/ASQC Z1.4. 2008. PACKAGING, PACKING AND MARKING PREPARATION FOR DELIVERY: THE BOOTS SHALL BE UNIT PACKAGED IN A ONE-PIECE STYLE SET UP BOX (FANCY NOT PLAIN) IN ACCORDANCE WITH STANDARD COMMERCIAL PRACTICES. TISSUE OR KRAFT PAPER SHALL BE USED TO COMPLETELY SEPARATE THE PAIR. A COMPANY NAME OR LOGO MAY BE ADDED TO ENHANCE THE BOX APPEARANCE. PACKING INSTRUCTIONS: SIX (6) PAIR OF BOOTS, COMPOSED OF ONE SIZE AND WIDTH SHALL BE PACKED IN A FIBERBOARD SHIPPING CONTAINER CONFORMING TO TYPE CF (VARIETY SW) OR CF, CLASS DOMESTIC, GRADE 275 OF ASTM D5118/D5118M. CLOSURE SHALL BE IN ACCORDANCE WITH ASTM D1974. THE SELECTION OF THE CLOSURE MATERIAL SHALL BE AT THE DISCRETION OF CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 24 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) THE CONTRACTOR. THE BOOT UNIT PACKS WILL BE PLACED ON END, SUCH THAT THE UNIT PACK LABEL IS CLEARLY VISIBLE FROM THE TOP OF AN OPENED SHIPPING CONTAINER. EACH SHIPPING CONTAINER SHALL CONTAIN ONLY ONE NSN AND UPC. ALL PALLETIZED LOADS SHALL CONTAIN ONLY ONE NSN AND UPC TO THE MAXIMUM EXTENT POSSIBLE. PALLETS MAY HAVE EXTERIOR CONTAINERS NOT OF THE SAME NSN AND UPC, BUT THE PALLET SHALL BE CLEARLY MARKED "MIXED" AND EACH APPLICABLE NSN/UPC SHALL BE LISTED WITH ITS TOTAL QUANTITY. THE OUTER DIMENSIONS AND STACKING PATTERN OF THE PALLET SHALL BE SUCH THAT IT FORMS A COMPACT, SQUARED LOAD CENTERED ON THE BASE AND SQUARED ON ALL CORNERS. PRES/PACK C/C TO ASTM-D-3951 SIGNIFICANT NOTE - "PALLETIZATION IS REQUIRED FOR THESE SUPPLIES". NOTE: THE FOLLOWING APPLIES TO ALL NON-MANUFACTURED WOOD PACKAGING MATERIALS: "ALL WOOD PACKAGING MATERIAL (WPM) ACQUIRED BY DOD MUST MEET REQUIREMENTS OF INTERNATIONAL STANDARDS FOR PHYTOSANITARY MEASURES (ISPM) 15, "GUIDELINES FOR REGULATING WOOD PACKAGING MATERIALS IN INTERNATIONAL TRADE." DOD SHIPMENTS INSIDE AND OUTSIDE OF THE UNITED STATES MUST MEET ISPM 15 WHENEVER WPM IS USED TO SHIP DOD CARGO, OR WHEN WOOD IS BEING ACQUIRED BY DLA FOR FUTURE USE AS PACKAGING MATERIAL. WPM IS DEFINED AS WOOD PALLETS, SKIDS, LOAD BOARDS, PALLET COLLARS, WOODEN BOXES, REELS, DUNNAGE, CRATES, FRAME AND CLEATS. PACKAGING MATERIALS EXEMPT FROM THE REQUIREMENTS ARE MATERIALS THAT HAVE UNDERGONE A MANUFACTURING PROCESS, SUCH AS CORRUGATED FIBERBOARD, PLYWOOD, PARTICLEBOARD, VENEER, AND ORIENTED STRAND BOARD (OSD). ALL WPM SHALL COMPLY WITH ONE OF THE FOLLOWING OFFICIAL QUALITY CONTROL PROGRAMS: HEAT TREATMENT (HT) OR KILN DRIED HEAT TREATMENT (KD HT) IN ACCORDANCE WITH AMERICAN LUMBER STANDARD COMMITTEE, INCORPORATED (ALSC) WOOD PACKAGING MATERIAL PROGRAM AND WPM ENFORCEMENT REGULATIONS (SEE HTTP://WWW.ALSC.ORG/; OR ALL WPM SHALL INCLUDE CERTIFICATION/QUALITY MARKINGS IN ACCORDANCE WITH THE ALSC OR NWPCA STANDARDS, AS APPLICABLE. MARKINGS SHALL BE PLACED IN AN UNOBSTRUCTED AREA THAT WILL BE READILY VISIBLE TO INSPECTORS. PALLET MARKINGS SHALL BE APPLIED TO THE STRINGER OR BLOCK ON DIAGONALLY OPPOSITE SIDES OF THE PALLET AND BE CONTRASTING AND CLEARLY VISIBLE. ALL CONTAINERS SHALL BE MARKED ON A SIDE OTHER THAN THE TOP OR BOTTOM, CONTRASTING AND CLEARLY VISIBLE. ALL DUNNAGE USED IN CONFIGURING AND/OR SECURING THE LOAD SHALL ALSO COMPLY WITH ISPM 15 AND BE MARKED WITH AN ASLC APPROVED DUNNAGE STAMP. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS RESTRICTION MAY RESULT IN REFUSAL, DESTRUCTION, OR TREATMENT OF MATERIALS AT THE POINT OF ENTRY. THE AGENCY RESERVES THE RIGHT TO RECOUP FROM THE CONTRACTOR ANY REMEDIATION COSTS INCURRED BY THE GOVERNMENT." http://www.alsc.org/ CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Form (CONTINUED) PALLET SHALL BE 4 WAY ENTRY, WINGED TYPE. PALLETIZED LOAD DIMENSIONS SHALL NOT EXCEED 43 INCHES IN LENGTH, 52 INCHES IN WIDTH, AND 54 INCHES IN HEIGHT (INCLUDING THE PALLET). REFERENCE PAGE 16 OF MIL-STD-147E, ANY 4-WAY ENTRY PALLET ILLUSTRATED IS ACCEPTABLE. THE PALLETIZED LOAD SHALL BE BONDED USING APPROVED COMMERCIAL BONDING MATERIALS. THE USE OF METAL BANDING, IN SECURING BOXES TO PALLETS, IS DISCOURAGED. PALLET LOADS SHALL CONTAIN THE SAME NUMBER OF CARTONS, OF IDENTICAL QUANTITIES, OF ONE NSN, TO THE MAXIMUM EXTENT POSSIBLE. PALLET LOADS CONTAINING MORE THAN ONE NSN SHALL BE CLEARLY MARKED TO LIST ALL THE NSN'S CONTAINED IN THE LOAD. NO CARTON SHALL HAVE MORE THAN ONE NSN. AT THE END OF A SIZE RUN, NO MORE THAN ONE CARTON PER NSN MAY BE SHORT OR OVER THE SPECIFIED QUANTITY. SAID CARTON SHALL BE CLEARLY MARKED "SHORT" OR "OVER". MIL-STD-147E IS HEREBY REFERENCED FOR GUIDANCE FOR PALLETIZED LOADS. IN ADDITION TO REQUIREMENTS SPECIFIED ABOVE THE FOLLOWING CLAUSE ALSO APPLIES: 52.247-9012 - REQUIREMENTS FOR TREATEMENT OF WOOD PACKAGING MATERIALS (WPM) - (JULY 2006) MARKING: EACH UNIT PACK AND EXTERIOR CONTAINER SHALL BE MARKED FOLLOWING STANDARD COMMERCIAL PRACTICES. UNIT PACK IDENTIFICATION SHALL INCLUDE THE ITEM NAME, NSN AND UPC WITH BAR CODE, CONTRACT NUMBER, SIZE AND WIDTH AND AS AN OPTION, THE CONTRACTOR'S NAME AND/OR LOGO. THE INITIALS `'UPC” MUST APPEAR UNDER THE UPC BAR CODE. THE EXTERIOR CONTAINERS SHALL BE MARKED TO IDENTIFY THE NSN WITH BAR CODE, QUANTITY AND UNIT OF ISSUE, DATE OF PACK, CONTRACT NUMBER, SHIPMENT NUMBER, PALLET GROSS WEIGHT AND CUBE AND A VISIBLE MARKING WITH THE WORDS `'MADE FOR DLA TROOP SUPPORT''. AS AN OPTION, THE SIZE AND WIDTH MAY BE DISPLAYED IN THE UPPER RIGHT HAND CORNER OF THE EXTERIOR CONTAINER LABEL. DEPOT SHIPMENTS FOR BOOTS SHALL BE MARKED IN ACCORDANCE WITH THE MOST RECENT VERSION OF MIL-STD-129, AND INCLUDE RFID IDENTIFICATION. Standard Element has no Title Part 12 Clauses 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021) FAR CLAUSES ADDED TO PART 12 BY ADDENDUM CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 26 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) E03 PRODUCTION LOT TESTING – CONTRACTOR (MAY 2020) (1) The purpose of production lot testing (PLT) is to validate quality conformance of products. The contractor shall complete PLT on the production lot(s) after first article approval, if the contract requires first article testing. The contractor shall price the PLT CLIN to cover the cost of the final test report and any approved samples that are consumed, destroyed, or otherwise rendered unusable during testing. The unit of issue for the PLT CLIN, EACH, is equal to one Production Lot Test (1EA=1PLT). (2) For purposes of facilitating PLT, the engineering support activity and/or testing facility has authority to communicate and discuss clarifications directly with contractors. If the Government and/or the contractor identify changes to contract requirements, the contractor shall contact the post award contracting officer or contract administrator (see the “Issued By” blocks on the contract award or order) for written approval. The contractor shall not act on any revisions or other changes until the contracting officer issues a written modification approving the proposed revision(s)/change(s). (3) The contractor shall provide and maintain an inspection system acceptable to the Government in accordance with FAR Clause 52.246-2 or 52.246-3, and maintain and make available all records evidencing those details if requested by the Government. At least fourteen (14) calendar days (or as otherwise specified in the contract) prior to conducting the production lot test, the contractor shall provide written notice of the time and location of the test to the contracting officer and the cognizant DCMA functional specialist when full administration or quality support administration is delegated to DCMA, so the Government may witness sample selection and the test. (4) Unless otherwise stated, the contractor shall select [ ZZ ] samples at random from the production lot(s) produced. If the quantity stated in the previous sentence equals “ZZ,” the contractor shall use the appropriate sample size identified in the technical data package or applicable sample plan provided by the Government. If the contractor cannot determine the sample quantity, the contractor shall obtain written confirmation of the sample size from the contracting officer. (5) The contractor shall perform all tests on the PLT samples needed to verify/validate the items meet the contract technical/quality requirements. (6) If a PLT sample fails, the entire production lot from which the contractor took the sample fails. The contractor shall notify the contracting officer and propose corrective action, if appropriate. (7) The contractor shall prepare and disseminate the PLT report and applicable traceability documentation as follows: (a) Prepare the test report in accordance with data item description DI-NDTI-80809B, and mark the test report, “Production Lot Test Report, Contract Number [ ] and Lot/Item Number [ ].” (b) Present the PLT report to the contracting officer for review. (c) Include the following documentation with all shipments of PLT Reports: (i) DD Form 1222 and system of record receiving report (i.e., WAWF or DD Form 250); (ii) Copy of the contract/order; (iii) Copy of all applicable test reports, showing actual results and tolerances specified in the technical data package; (iv) Material and process certifications; (v) Process operations and inspection method sheets; (vi) Copies of drawings used to manufacture the PLT sample, with proper marking to restrict public disclosure (if desired) and from Government use other than for evaluation to the extent consistent with the Government's data rights under the contract; and (vii) Documents required under a contract deliverables requirements list, if applicable. (d) Submit all required documentation to the Government activity specified in the contract in time to allow for at least [ 5 ] calendar days for review of the PLT report, and for the contracting officer to provide written notification of approval/disapproval to the contractor. (e) For PLT, the Government will conduct inspection at source and acceptance at destination. The FOB point is destination. (f) Delivery. (i) Ship test report to [ email test reports to the cognizant DCMA QAR & the DLA Product Specialist at Brett.West@dla.mil ]. (ii) Delivery Schedule Information: (A) Total Delivery Days for FAT (If Applicable) (B) Days: Completion of Production Units (to include PLT samples), PLT, and Submission of PLT Report (C) Days: Government PLT Report Evaluation and Notification to Contractor (D) Days: Delivery of final production quantity to Government (E) 150 days for the first delivery increment against the first delivery order Total Delivery Days (Sum of paragraph (ii)(A) through (D)) above E05 PRODUCT VERIFICATION TESTING (MAY 2020) (1) Product verification testing (PVT) under this procurement note will only apply when the contracting officer specifically invokes it in writing. The contracting officer may invoke PVT at or after contract award. If the contracting officer invokes PVT at contract award, the contract will CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 27 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) explicitly state this testing requirement. If the contracting officer invokes PVT after contract award, the contracting officer shall notify the contractor and the cognizant DCMA ACO. The Government will perform PVT testing at a Government-designated testing laboratory. (2) The contractor shall not ship or deliver any material until it receives notification of the acceptable PVT results, unless the contracting officer directs it to do so in writing The Government will provide the PVT results to the contractor within 20 business days after receipt at the Government testing facility, unless the Government specifies otherwise in writing. (3) The contractor shall provide and maintain an inspection system acceptable to the Government in accordance with FAR Clause 52.246-2 or 52.246-3; and maintain and make available all records evidencing those details if requested by the Government. When the Government finds evidence of risk associated with the contractor's sampling process, the Government may witness and evaluate the contractors sampling process. The contractor shall randomly select samples from the production lot(s), unless the contracting officer specifies otherwise in writing. The contractor shall ship the selected PVT samples with a copy of the system of record receiving report (i.e., WAWF, DD Form 250, or commercial shipping document) and the contractor's signed DD Form 1222. The contractor shall prepare the shipping container(s) by marking the external packages in bold letters, “Product Verification Test Samples - Do Not Post to Stock," Contract Number [ ] and Lot/Item Number [ ]” adjacent to the MIL-STD-129 (latest revision) identification markings. The contractor shall use a hard copy of the system of record receiving report as a packing list, in accordance with DFARS Appendix F. The contractor shall mark the exterior of the shipping container in accordance with MIL-STD129 (latest revision), paragraph 5.11. The contractor shall send samples by traceable means (e.g., certified or registered mail, United Parcel Service, Federal Express). The contractor shall include the following in the interior package: (a) Hard copies of the contract; (b) Material certifications/process operation sheets; and (c) Drawings used to manufacture the units and return shipping information. (4) The Government will return samples that pass testing and are not destroyed during evaluation to the contractor at the Government's expense for the contractor to include as part of the total contract quantity to be delivered under the contract. The contractor and Government may agree to dispose of samples not destroyed when the cost of the item does not justify the shipping expense. If the Government does not return approved samples that pass testing to the contractor, the Government will consider those samples as part of the contract quantity for payment and delivery. (5) If samples fail testing, the Government may reject the entire contract lot from which the contractor took the samples. The Government may, at its discretion, retain samples that fail testing without obligation to the contractor. E06 INSPECTION AND ACCEPTANCE AT SOURCE (JUN 2018) Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below. The contractor shall indicate the location where supplies will be inspected, if different from the production location: Commercial and Government Entity (CAGE) code: Address: Applicable to contract line item numbers(s) (CLIN(s)): The contractor shall indicate the location where packaging will be inspected, if different from the production location: [ ] Same as for supplies OR CAGE code: Address: Applicable to CLIN(s): The contractor shall indicate the location where supplies will be accepted, if different from the inspection location: Commercial and Government Entity (CAGE) code: Address: Applicable to contract line item numbers(s) (CLIN(s)): Contract Clauses Note: 52.212-4, Contract Terms and Conditions --Commercial Products and Commercial Services (NOV 2021) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www. https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 28 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES)(JAN 2022) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (5) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U. S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: __X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402). __X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved]. ___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.); ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.); __X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note). _X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). ___ (10) [Reserved]. ___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a). https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 29 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) __X_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (13) [Reserved] __X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). ___ (ii) Alternate I (MAR 2020) of 52.219-6 ___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). ___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 _X__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637 (d)(2) and (3)). _X__ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (NOV 2016) of 52.219-9 ___ (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JUN 2020) of 52.219-9 ___ (v) Alternate IV (Class Deviation 2019-O0005 Revision 1) (JAN 2019) of 52.219-9 ___ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). ___ (ii) Alternate I (MAR 2020) of 52.219-13 __X_ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages --Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f). _X__ (22)(i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)). ____ (ii) Alternate I (MAR 2020) of 52.219-28 ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (SEP 2021) (15 U.S.C. 637(m)). ___(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). __X__(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)). _X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). __X_ (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Class Deviation 2020-O0019) (JAN 2022) (E.O. 13126). _X__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). _X__ (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). ___ (ii) Alternate I (FEB 1999) of 52.222-26. _X__ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). ___ (ii) Alternate I (July 2014) of 52.222-35. _X__ (32)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). ___ (ii) Alternate I (JULY 2014) of 52.222-36. __X_ (33) 52.222-37, Employment Reports on Veterans (J) (38 U.S.C. 4212). _X__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). __X_ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22.U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 30 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) ___ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.) ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514) ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (41)(i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). ___ (43)(i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. __X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 2020) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (JAN 2017) of 52.224-3. ___ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83). ___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (JAN 2021) of 52.225-3. ___ (iii) Alternate II (JAN 2021) of 52.225-3. ___ (iv) Alternate III (JAN 2021) of 52.225-3. ___ (50) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (51) 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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (55) 52.229-13 Restrictions on Certain Foreign Purchases (FEB 2021) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 31 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) ___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (58) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (OCT 2018) (31 U.S.C. 3332). ___ (59) 52.232-34, Payment by Electronic Funds Transfer --Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)). ___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). ___ (ii) Alternate I (APR 2003) of 52.247-64. ___ (iii) Alternate II (FEB 2006) of 52.247-64. (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: [ Contracting Officer check as appropriate. ] ___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 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). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). ___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2022) (E.O. 13706). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 32 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (iv) 52.2014-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub, L 115-232) (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67). (xiii) __X__ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xix) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (A) Alternate I (JAN 2017) of 52.224-3. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 33 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S. C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) Addendum The following additional clauses are set forth in full text: 52.211-16 VARIATION IN QUANTITY (APR 1984) (a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause. (b) The permissible variation shall be limited to: __2___ percent increase __0___ percent decrease This increase or decrease shall apply to the quantity at the line item level or for phased delivery at the sub-clin level, as designated by the item number followed by two alphas, i.e., 0001AA. The variation (if any) shall be shipped with the quantity for the line item, or phased delivery the quantity specified for each sub-clin. Under no circumstances will the contractor ship a variation in quantity against any line/sub-clin other then specified in the delivery schedule..* 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: ηττπσ://ωωω.εχφρ.γοϖ/χγι−βιν/τεξτ−ιδξ?ΣΙ∆=6ε9βφ6δ81β42β0αε243δφ8χ51ε13φα62&µχ=τρυε&τπλ=/ εχφρβροωσε/Τιτλε48/48ταβ_02.τπλ • DFARS: ηττπσ://ωωω.εχφρ.γοϖ/χγι−βιν/ΕΧΦΡ? ΣΙ∆=εφεφ3χ52β917φ6248ε7β50687672εδ94&µχ=τρυε&παγε=βροωσε. • DLAD: ηττπ://ωωω.δλα.µιλ/ΗΘ/Αχθυισιτιον/Οφφερσ/∆ΛΑ∆.ασπξ The following additional clauses are incorporated by reference: CLAUSE NUMBER TITLE/DATE 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 34 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country That is a State Sponsor of Terrorism (MAY 2019) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017) DFARS 52.232-17 Interest (MAY 2014) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-15 Stop Work Order (AUG 1989) FAR Solicitation Provisions FAR 52.212-1 Instructions to Offerors -- Commercial Items (NOV 2021) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code (s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition --            (1) Is set aside for small business and has a value above the simplified acquisition threshold;            (2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or            (3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 35 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and -- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 36 OF 123 PAGES CONTINUED ON NEXT PAGE SPE1C1-22-R-0080 Part 12 Clauses (CONTINUED) to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100

700 Robbins Avenue Philadelphia PA 19111Location

Address: 700 Robbins Avenue Philadelphia PA 19111

Country : United StatesState : Pennsylvania

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