DLA Disposition Services Kaiserslautern and Germersheim Germany MHE Services

Amendment 0001

This Amendment is to replace Price Schedule_KTown and Germersheim MHE Maintenancev2 document with Price Schedule_KTown and Germersheim MHE Maintenancev3. No other changes to this solicitation at this time. 

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This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is SP4510-22-Q-1023 and being issued as a request for quotation (RFQ).

This solicitation and incorporated provisions and clauses are in effort through Federal Acquisition Circular 2022-06. See attached Performance Work Statement and applicable provisions and clauses.

This is a 100% Full and Open Competition for Material Handling Equipment (MHE) Preventative Maintenance and Remedial Repair Service for DLA Disposition Services Germany. The NAICS code is 811310 with a size standard of $11,000,000.00 and the requirement will result in a base plus two-12 month option year periods Firm Fixed Priced IDIQ base contract.

Background: The primary mission of the Defense Logistics Agency (DLA) Disposition Services is to dispose of Department of Defense (DoD) excess and surplus property generated by the military services. This is accomplished through reutilization to other DoD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the public, or ultimate disposal through abandonment or destruction. DLA Disposition Services Headquarters is located in Battle Creek, Michigan, with a variety of field sites worldwide. DLA Disposition Services is responsible for managing the DoD Surplus Property Program.

In order to accomplish this mission, DLA Disposition Services is seeking to have Preventative and Remedial Repair services on Material Handling Equipment (MHE) in accordance with the attached Performance Work Statement at DLA Disposition Services Kaiserslautern and Germersheim Germany. 

This requirement is a Firm Fixed Priced contract. Pricing must be Fixed Price for the entirety of services quoted.  Site locations are listed in Attachment 1 – Equipment v2.

Offers are due at 12:00 PM Eastern Time (United States), on 17 August 2022. Email quotes to Jacob.Curtiss@dla.mil and Jose.Acevedo@dla.mil . Questions are due 10 August 2022 by 12:00 PM Eastern Time and must be submitted in writing via email to Jose.Acevedo@dla.mil and Jacob.Curtiss@dla.mil. Questions will not be answered via telephone. Questions that occur after the cut off, but are considered to be significant to the requirement, will be accepted and discussed only with those vendors that have submitted a quote.

The following provisions and clauses are applicable to this solicitation:

The provisions at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. See attached applicable clauses for quote instructions.

Offers should include a complete copy of the provision at 52.212-3, Offeror Representations and Certifications --

Commercial Items, with its offer. See applicable clauses.

The clause 52.212-4 Alt 1, Contract Terms and Conditions - Commercial Items, applies to this acquisition. See attached clauses.

The clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause are applicable to the acquisition.

The provision at FAR 52.212-2 (Evaluation -- Commercial Items) applies to this procurement (with evaluation consisting of award to the responsible contractor whose quote conforms to the solicitation and offers the lowest total price, including the option periods.

INSTRUCTIONS TO OFFERORS:

Submit quotes by email to Jose.Acevedo@dla.mil and Jacob.Curtiss@dla.mil no later than the specified date and time.  Attention should be noted to FAR 52.212-1(f), concerning late submissions.  The offeror bears the risk of non- receipt of any email transmissions and should ensure that all pages of the quote have been received by the designated office before the deadline indicated.  Email submissions by 5:00 pm one business day prior to the due date and time are encouraged to reduce the possibility of server or other cyber-related delays that may render your response as ineligible for consideration. Quotes are to include:  

The price schedule is attached and responding firms are required to complete and return the price schedule, including all option periods, and on all line items within each period. Quotes received without pricing for the option periods will not be considered for an award. 

Technical Submission: Provide verification of certified trained mechanics with experience in Germany on the equipment specified in this requirement. Verification can be any of the following: training certificates, certifications / licenses, resumes, and / or a successful past performance (within last three years) reference providing maintenance services in Germany on equipment similar to the solicited requirement.

Offerors shall provide the applicable CAGE code and DUNS number with their bid submission. The information located in FAR 52.212-3 (Offerors Representations and Certifications) must be current on SAM.gov at the time of quote submission.

Site Visits are not being supported for this action in advance of the response deadline.

EVALUATION:

Quotations will be evaluated on a Lowest-Priced Technically-Acceptable basis.  Award will be made to firm that offers the lowest total cost to the Government for the entire requirement (all periods), after a pass/fail evaluation of the contractors’ technical submission.

* Note that a Reverse Auction under this action is possible per applicable DLA coverage, with that coverage/instructions to be provided if a Reverse Auction is utilized.  Firm’s submitting proposals under this action agree to participate in the Reverse Auction if it occurs and acknowledge it as a possible negotiation tool being used by the Government under this action, though note that this does not mean firms are required to lower their submitted prices if they choose not to.

L09 Reverse Auction (OCT 2016)

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting Officer does not conduct a reverse auction, award may be made on initial offers or following discussions. If the Contracting Officer decides to use line reverse auctioning to conduct price negotiations, the Contracting Officer will notify Offerors of this decision and the following applies:

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive the final offered prices from each offeror.

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions are different. All offerors and authorized auction users see the displayed lowest price(s). This disclosure is anonymous and a generic identifier displays for the offeror. Generic identifiers include designators such as “offer A” or “lowest-priced offeror.” By submitting a proposal in response to the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the reverse auction.

(3) An offeror’s final auction price at the close of the reverse auction is considered its final price proposal revision. No price revisions will be accepted after the close of the reverse auction, unless the contracting officer decides that further discussions are needed and final price proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the contracting officer determines that it would be in the best interest of the Government to re-open the auction.

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be eligible for award and participate, the offeror must agree with terms and conditions of the entire solicitation and the commercial reverse auction service. The reverse auction pricing tool system administrator sends auction information in an email. The reverse auction system designates offers as "lead," meaning the current low price in that auction, or "not lead," meaning not the current low price in that auction. In the event of a tie offer, the reverse auction provider's system designates the first offer of that price as "lead" and the second or subsequent offer of that price as "not lead." If a tie offer is submitted and no evaluation factors other than price were identified in the solicitation or a low-price technically acceptable source selection is being used, the "Not Lead” offeror that submitted the tie offer must offer a changed price; otherwise its offer will be ineligible for award. If evaluation factors in addition to price were listed in the solicitation and a tradeoff source selection is being used, tie offers that are "Not Lead" will be considered and evaluated.

(5) Offerors unable to enter pricing through the commercial reverse auction service provider’s system during a reverse auction must notify the contracting officer or designated representative immediately. The contracting officer may, at their sole discretion, extend or re-open the reverse auction if the reason for the offeror’s inability to enter pricing is determined to be without fault on the part of the offeror and outside the offeror’s control.

(6) Training. The commercial reverse auction service provider or government representative conducts training for offerors. Offerors receive training through written material, the commercial reverse auction service provider’s website, or other means. Trainers name employees successfully completing the training as a “Trained Offeror.” Only trained offerors may engage in a reverse auction. The contracting officer reserves the right to remove the “trained offeror” title from anyone who fails to obey the solicitation or commercial reverse auction service provider terms and conditions.

252.201-7000   Contracting Officer's Representative      DEC 1991

252.203-7000   Requirements Relating to Compensation of Former DoD Officials          SEP 2011

252.203-7002   Requirement to Inform Employees of Whistleblower Rights       SEP 2013

252.204-7004   DoD Antiterrorism Awareness Training for Contractors  FEB 2019

252.203-7005   Representation Relating to Compensation of Former DoD Officials         NOV 2011

252.204-7003   Control of Government Personnel Work Product APR 1992

252.204-7008   Compliance with Safeguarding Covered Defense Information Controls   OCT 2016

252.204-7009   Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information            OCT 2016

252.204-7012   Safeguarding Covered Defense Information and Cyber Incident Reporting                                               DEC 2019

252.204-7014   Limitations on the Use or Disclosure of Information by Litigation Support Contractors                            MAY 2016

252.204-7015   Notice of Authorized Disclosure of Information for Litigation Support    MAY 2016

252.204-7016   Covered Defense Telecommunications Equipment or Services--Representation                                        DEC 2019

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

252.204-7018   Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services   JAN 2021

252.204-7019   Notice of NIST SP 800-171 DoD Assessment Requirements.      MAR 2022

252.204-7020   NIST SP 800-171 DoD Assessment Requirements.         MAR 2022

252.204-7022   Expediting Contract Closeout    MAY 2021

252.209-7004   Subcontracting with Firms that are Owned or Controlled by the Government of Country that is a State Sponsor of Terrorism    MAY 2019

252.225-7001   Buy American and Balance of Payments Program--Basic JUN 2022

252.225-7001   Buy American and Balance of Payments Program--Alternate I    JUN 2022

252.225-7002   Qualifying Country Sources as Subcontractors   MAR 2022

252.211-7003   Item Unique Identification and Valuation           MAR 2022

252.211-7008   Use of Government-Assigned Serial Numbers    SEP 2010

252.223-7008   Prohibition of Hexavalent Chromium    JUN 2013

252.225-7005   Identification of Expenditures in the United States          JUN 2005

252.225-7012   Preference for Certain Domestic Commodities   APR 2022

252.225-7031   Secondary Arab Boycott of Israel          JUN 2005

252.225-7041   Correspondence in English        JUN 1997

252.225-7043   Antiterrorism/Force Protection for Defense Contractors Outside the United States                                     JUN 2015

252.225-7048   Export-Controlled Items            JUNE 2013

252.225-7055   Representation Regarding Business Operations with the Maduro Regime                    MAY 2022

252.225-7056   Prohibition Regarding Business Operations with the Maduro Regime      MAY 2022

252.232-7003   Electronic Submission of Payment Requests and Receiving Reports        DEC 2018

252.232-7006   Wide Area WorkFlow Payment Instructions       DEC 2018

252.232-7010   Levies on Contract Payments    DEC 2006

252.233-7001   Choice of Law (Overseas)         JUN 1997

252.243-7002   Requests for Equitable Adjustment        DEC 2012

252.244-7000   Subcontracts for Commercial Items       JAN 2021

52.203-19        Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements                                JAN 2017

52.204-4          Printed or Copied Double-Sided on Postconsumer Fiber Content Paper   MAY 2011

52.204-9          Personal Identity Verification of Contractor Personnel    JAN 2011

52.204-10        Reporting Executive Compensation and First-Tier Subcontract Awards   JUN 2020

52.204-13        System for Award Management Maintenance     OCT 2018

52.204-14        Service Contract Reporting Requirements          OCT 2016

52.204-15        Service Contract Reporting Requirements for Indefinite-Delivery Contracts                                             OCT 2016

52.204-16        Commercial and Government Entity Code Reporting      AUG 2020

52.204-17        Ownership or Control of Offeror           AUG 2020

52.204-18        Commercial and Government Entity Code Maintenance AUG 2020

52.204-20        Predecessor of Offeror  AUG 2020

52.204-21        Basic Safeguarding of Covered Contractor Information Systems NOV 2021

52.204-7          System for Award Management OCT 2018

52.209-6          Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment                       NOV 2021

52.212-1          Instructions to Offerors—Commercial Products and Commercial Services                                               NOV 2021

52.212-3          Offeror Representations and Certifications—Commercial Products and Commercial Services       MAY 2022

52.212-3          Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I           NOV 2021

52.212-4          Contract Terms and Conditions—Commercial Products and Commercial Services     NOV 2021

52.212-5          Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services        MAY 2022

52.216-18        Ordering          AUG 2020

            Ordering (Aug 2020)

      (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued within 12 months after award.

      (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

      (c) A delivery order or task order is considered "issued" when—

           (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

           (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

           (3) If sent electronically, the Government either—

                (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

                (ii) Distributes the delivery order or task order via email to the Contractor's email address.

      (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

* Minimum/maximum for the base period is $2,500.00 and a maximum value of 200% above the total estimated value for the period.  No minimum is guaranteed for the option periods, the maximum for the option periods are the same as the base period.

52.216-19        Order Limitations         OCT 1995

            Order Limitations (Oct 1995)

      (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of__1 EA on Attachment 1 Bid Schedule – Kaiserslautern and Germersheim MHE__________ the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

      (b) Maximum order. The Contractor is not obligated to honor-

           (1) Any order for a single item in excess of _N/A____________;

           (2) Any order for a combination of items in excess of __$2 Million____________ ; or

           (3) A series of orders from the same ordering office within _N/A____________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

      (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

      (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __3___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22        Indefinite Quantity       OCT 1995

            Indefinite Quantity (Oct 1995)

      (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

      (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

      (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

      (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _12 months after award.

52.217-5          Evaluation of Options   JUL 1990

                        Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.217-9          Option to Extend the Term of the Contract         MAR 2000

                        Option to Extend the Term of the Contract (Mar 2000)

      (a) The Government may extend the term of this contract by written notice to the Contractor within _7 days____]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __14___ days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

      (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed __3 years_________.

(End of clause)

52.222-21        Prohibition of Segregated Facilities       APR 2015

52.222-26        Equal Opportunity        SEP 2016

52.222-29        Notification of Visa Denial       APR 2015

52.222-56        Certification Regarding Trafficking in Persons Compliance Plan OCT 2020

52.223-22        Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation                           DEC 2016

52.229-6          Taxes—Foreign Fixed-Price Contracts   FEB 2013

52.232-31        Invitation to Propose Financing Terms   NOV 2021

52.232-33        Payment by Electronic Funds Transfer—System for Award Management OCT 2018

52.239-1          Privacy or Security Safeguards  AUG 1996

52.204-23        Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2021

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

52.204-25        Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment       NOV 2021

52.204-26        Covered Telecommunications Equipment or Services--Representation     OCT 2020

52.209-10        Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.222-50        Combating Trafficking in Persons         NOV 2021

52.223-18        Encouraging Contractor Policies to Ban Text Messaging While Driving  JUN 2020

52.228-3          Workers’ Compensation Insurance (Defense Base Act)   JUL 2014

52.232-39        Unenforceability of Unauthorized Obligations    JUN 2013

52.232-40        Providing Accelerated Payments to Small Business Subcontractors         NOV 2021

52.233-2          Service of Protest         SEP 2006

52.233-3          Protest after Award       AUG 1996

52.233-4          Applicable Law for Breach of Contract Claim    OCT 2004

5452.233-9001 Disputes: Agreement To Use Alternative Dispute Resolution (ADR)       APR 2001

C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)

(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers. (3) Contractors can find examples of acceptable supply chain traceability documentation at the

Counterfeit Detection and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance- Program/). The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

L06 Agency Protests (DEC 2016)

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