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Contract Opportunity

Note, offers must acknowledge receipt of all amendments prior to the hour and date specified in the solicitation or as amended, in accordance with block 11 of the amendment..

*Amendment 3 Posted 11/3/2023

*Amendment 2 Posted 10/26/2023

*Amendment 1 Posted 10/23/2023

This is a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in Subpart 12 and 15, as supplemented with additional information included in this notice. This is for a single award with a one-year base period and four one-year options. The required equipment is per the attached specifications, including its delivery timeframes. This procurement is Full and Open competition. This procurement is under North American Industry Classification System (NAICS) code of 331529. The following clauses will be included into the award: FAR 52.212-4, Contract Terms and Conditions Commercial Item; Far 52.212-5, Contract Terms and Conditions required to implement statutes or Executive Orders Commercial items. Offeror must submit Representations and Certifications (FAR 52.212-3). If an offeror has completed the annual representations and certificates electronically the offeror shall complete only paragraph (b) of this provision. Click on first fill in clause at web address and fill out form. Copies of the FAR/DFAR clauses can be found on the internet at http://acquisition.gov Quotes are to be received no later than 12:00 p.m. Eastern Standard Time on the above specified date, via email only to the designated Contracting Officer.

Attachments

Attachment A: Performance Work Statement (PWS)

Attachment B: Price Schedule

Numbered Attachments

1. SCL Descriptions

2. How DLA Manages PM Scrap (SCL/LSN)

3. DLA 2507-1: Qualified Facility List Application

4. DLA Form 1822

5. 1348-1A Issue Release Receipt Document

6. RPT-RI2E-1 Description

7. Processing Approval Letter Example

8. Monthly Inventory Report Example

9. Assay Report Example

10. Production Report Example

11. Settlement Calculations General/Umpire

12. Alternate Settlement Calculations

13. Settlement Letter Example

14. DLA 2503: Transporter Qualification Review Application

1. The provision at FAR 52.212-1 (Instructions to Offerors – Commercial Items (Sep 2023)


2. The provision at FAR 52.212-2 (Evaluation -- Commercial Items) (NOV 2021) applies to this procurement (with evaluation consisting of award to the responsible contractor on the basis of the lowest evaluated price, including all options, meeting or exceeding the acceptability standards for non-cost factors (low price – technically acceptable). The following non-cost factors will be used to evaluate offers: Technical Proposal,

C. In accordance with the provision FAR 52.212-3 (Offerors Representations and Certifications -- Commercial Items-Alternate 1) (OCT 2022) the contractor shall ensure that the contractor has completed the annual representations and certifications on SAM.gov.

D. FAR 52.212-4 (Contract Terms and Conditions -- Commercial Items) (DEC 2022) applies to this procurement.

E. FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items) (JUN 2023) applies to this procurement.

The following FAR clauses apply to this procurement:

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

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

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

52.204-25, Prohibition of Contracting for Certain telecommunications and Video Surveillance Services or Equipment; (NOV 2021)

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

52.209-10, Reporting Executive Compensation and First Tier Subcontract Awards (NOV 2015)

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

52.219-28, Post-Award Small Business Program Re-representation (MAR 2023)

52.222-3, Convict Labor (JUN 2003)

52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2022);

52.222-21, Prohibition of Segregated Facilities (APR 2015);

52.222-25, Affirmative Action Compliance (APR 1984)

52.222-26, Equal Opportunity (SEP 2016)

52.222-35, Equal Opportunity for Veterans (Jun 2020)

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37, Employment Reports on Veterans (Jun 2020)

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

52.222-50, Combatting Trafficking in Persons (NOV 2021);

52.222-54, Employment Eligibility Verification (May 2022)

52.223-18, Encouraging Contractor Policy to Ban Text Messages While Driving (JUN 2020)

52.232-33, Payment by Electronic Fund Transfer-Central Contractor Registration (OCT 2018)

The following additional FAR clauses apply to this procurement:

52.202-1, Definitions (Jun 2020)

52.203-3, Gratuities (Apr 1984)

52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-12, Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Jun 2020).

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)

52.204-13, System for Award Management Maintenance (OCT 2018)

52.204-18, Commercial and Government Entity Code Maintenance (AUG2020)

52.204-19, Incorporation by Reference of Representations and Certifications (DEC 2014)

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

52.209-5, Certification Regarding Responsibility Matters (AUG 2020)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

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

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

52.216-18, Ordering (AUG 2020)

52.216-22, Indefinite Quantity (Oct 1995)

52.217-9, Option to Extend the Term of the Contract (Mar 2000)

(fill-ins are 7 calendar day notice provided there is a 14-calendar preliminary notice, with overall contract duration maximum of 5 years)

52.225-13 Restrictions on certain foreign purchases (FEB 2021)

52.229-3, Federal, State, and Local Taxes (FEB 2013)

52.232-17, Interest (May 2014)

52.232-23, Assignment of Claims (MAY 2014)

52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013)

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

52.233-1 Disputes (MAY 2014)

52.233-3, Protest After Award (AUG 1996)

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

52.237-2, Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-13, Bankruptcy (JUL 1995)

52.247-34, FOB Destination (NOV 1991)

52.252-6, Authorized Deviations in Clauses (NOV 2020)

52.216-19, Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 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 $700,000.00;

(2) Any order for a combination of items in excess of $700,000.00; or

(3) A series of orders from the same ordering office within 5 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 5 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)

The following FAR provisions apply to this procurement:

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (Jan 2017)

52.204-7, System for Award Management (OCT 2018)

52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

52.204-17, Ownership or Control of Offeror (AUG 2020)

52.204-20, Predecessor of Offeror (AUG 2020)

52.204-22, Alternative Line Item Proposal (JAN 2017)

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

52.204-26, Covered Telecommunications Equipment or Services – Representation (OCT 2020)

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation (NOV 2015)

52.209-7, Information Regarding Responsibility Matters (Oct 2018)

52.217-5, Evaluation of Options (Jul 1990)

52.219-1, Small Business Program Representations (OCT 2022)

52.222-22, Previous Contracts and Compliance Reports (Feb 1999)

52.222-25, Affirmative Action Compliance (Apr 1984)

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (DEC 2016)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020)

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

52.233-2 Service of Protest (Sept 2006)

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

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

(End of provision)

The following DFARS clauses apply to this procurement:

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

252.203-7002, Requirement to Inform Employees of Whistleblower Rights (DEC 2022)

252.203-7003, Agency Office of the Inspector General (AUG 2019)

252.204-7003, Control of Government Personnel Work Product (APR 1992)

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (JAN 2023)

252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 2023)

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)

252.204-7020, NIST SP 800-171 DoD Assessment Requirements. (JAN 2023)

252.204-7021, Cybersecurity Maturity Model Certification Requirements. (JAN 2023)

252.204-7022, Expediting Contract Closeout (MAY 2021)

252.205-7000 Provision of Information to Cooperative Agreement Holders (JUN 2023)

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)

252.211-7003, Item Unique Identification and Valuation (JAN 2023)

252.211-7008, Use of Government-Assigned Serial Numbers (SEP 2010)

252.223-7008, Prohibition of Hexavalent Chromium (JAN 2023)

252.225-7001, Buy American and Balance of Payments Program - Basic (JAN 2023)

252.225-7002, Qualifying Country Sources as Subcontractors (MAR 2022)

252.225-7012, Preference for Certain Domestic Commodities (APR 2022)

252.225-7013, Duty-Free Entry (DEC 2022)

252.225-7048, Export-Controlled Items (JUN 2013)

252.225-7052, Restriction on the Acquisition of Certain Magnets and Tungsten (JAN 2023)

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023)

252.225-7058, Postaward Disclosure of Employment of Individuals Who Work in the People’s Republic of China (JAN 2023)

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

252.232-7006, Wide Area Work Flow Payment Instructions (JAN 2023) (By reference, full text provided in award)

252.232-7010, Levies on Contract Payments (DEC 2006)

252.243-7001, Pricing of Contract Modifications (DEC 1991)

252.243-7002, Requests for Equitable Adjustment (DEC 2022)

252.244-7000, Subcontracts for Commercial Items (JAN 2023)

252.247-7023, Transportation of Supplies by Sea-Basic (JAN 2023)

The following DFARS provisions apply to this procurement:

252.203-7005, Representation Relating to Compensation of Former DoD Officials (SEP 2022)

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (OCT 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)

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

252.215-7007, Notice of Intent to Resolicit (JUN 2012)

252.215-7008, Only One Offer (DEC 2022)

252.225-7000, Buy American – Balance of Payments Program Certificate - Basic (NOV 2014)

252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEC 2022)

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

252.225-7057, Preaward Disclosure of Employment of Individuals Who Work in the People’s Republic of China (AUG 2022)

The following DLAD provision applies to this procurement:

(DLAD) 5452.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020)

C03 Contractor Retention of Supply Chain Traceability Documentation (SEP 2016)

(DLAD) H14, Contractor Personnel Security Requirements (JAN 2021)

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.

INSTRUCTIONS TO OFFERORS:

Submit quotes by email to chad.hankins@dla.mil no later than December 12th, 2023, at 12:00 P.M. Eastern 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:

A. All offerors shall develop and submit a Technical Proposal. The following describes the information that must be furnished as part of the technical proposal and the format which must be presented. Technical proposals which do not provide the required information in the prescribed format at the time of initial submittal may be excluded from further consideration.

Offerors technical proposals are to provide clear and concise answers to the following questions:

1. Does the offeror have its own facility or a subcontracted facility that can be used to receive, store, and process precious metals in accordance with paragraph 4 of the PWS? If so, explain.

2. Describe how the offeror will keep government property, i.e., precious metals, properly secured and labelled as government property and not commingled with non-government property in accordance with paragraph 4 of the PWS.

3. Explain how the offeror will help facilitate Government personnel’s access to the offeror’s facility so that the Government may perform quality assurance functions outlined in paragraph 12 of the PWS.

4. Describe how the offeror will arrange for and complete transportation of PM bearing Hazardous Waste (HW), Hazardous Material (HM), and general freight with USG escort in accordance paragraph 6 of the PWS.

5. Describe how the offeror will be able to successfully perform all of the task as described in paragraph 5 of the PWS.

6. Explain how the offeror is able to convert PM into other PM in accordance with paragraph 8 of the PWS.

7. Describe how the offeror will be able to perform sampling and testing in accordance with paragraph 7 of the PWS.

8. Explain how the offeror can be successful in performance of the requirements in the PWS based on paragraphs 10 & 11 based on the limitations and/or requirements of Government furnished, and Contractor furnished property, materials, equipment, and services.

9. How will the offeror adhere to the PWS requirements of spill responses explained in paragraph 15 of the PWS?

Failure to address all of the questions in an offeror’s technical proposal may eliminate the offeror from further consideration. The evaluation of offerors submitted technical proposals will be a subjective assessment by DLA based on a consideration of all relevant facts and circumstances provided by offerors in their technical proposal. Each question addressed by with a written response provided by the offeror will be evaluated on a pass/fail basis. An offeror must receive a pass on every question for an offeror’s technical proposal to receive an overall pass and be considered for award.

B. The bid schedule is attached and responding firms are required to complete and return the price schedule for the line items (Attachment B).

C. Offerors shall provide the applicable CAGE code and Unique entity identifier 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.

Any solicitation questions shall be submitted no later than November 3rd, 2023 at 2:00 PM Eastern Time. In the event questions are received, a solicitation amendment will be posted to distribute the answers prior to the closing date of the solicitation. The Government is not responsible for answering questions received after this deadline.

EVALUATION:

Quotations will be evaluated on a Lowest-Priced Technically-Acceptable basis (LTPA). Award will be made to firm that offers the lowest total cost to the Government for the entire requirement (inclusive of options) after a pass/fail evaluation of the contractor’s technical proposal.

Attachments/Links