SPILL CLEAN-UP KIT, HAZARDOUS MATERIAL
Contract Overview
Solicitation details, issuing organization, response deadlines, documents, and interested companies for this government contract opportunity.
AI Contract Overview
The contract pertains to the procurement of a Hazardous Material Spill Cleanup Kit under solicitation SPE4A6-26-R-XB71, issued by the Department of Defense’s ASC Commodities Division. It is a firm fixed-price commercial item acquisition structured as a small business set-aside under NAICS code 562211, with a maximum aggregate order value of $350,000 over a five-year period and a guaranteed minimum quantity of 180 units in the first year. Performance is governed by stringent packaging and marking standards, including compliance with MIL-STD-2073-1 for kits, MIL-STD-129 for labeling and barcoding, and ASTM-D-3951 for general commercial packaging, all requiring durable, damage-resistant packaging and full traceability of components via NSN and part number. The contractor must adhere to specific preservation methods, including the use of peat moss and other approved cushioning materials, and ensure every kit is contained in a single, adequately protected box. The contract mandates compliance with multiple Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses, many of which include authorized deviations marked with "(DEVIATION)" and are incorporated by reference with full legal effect. Key obligations include mandatory flowdown of clause requirements to subcontracts above and below the simplified acquisition threshold, adherence to prohibitions on the use of certain foreign telecommunications equipment and covered defense information safeguards, and strict reporting requirements for trafficking in persons, equal opportunity, veterans’ employment, and hazardous materials. Invoicing must be submitted exclusively through Wide Area WorkFlow (WAWF), and the Government retains authority to reject improper invoices that lack required representations, particularly when exceeding the simplified acquisition threshold. Performance is subject to inspection at origin, with Product Verification Testing conducted by the Government within 20 business days, and delivery governed by F.O.B. Origin terms. The contractor must maintain full supply chain traceability, correct nonconforming packaging, and follow all hazardous material labeling requirements under OSHA’s Hazard Communication Standard, while also ensuring compliance with cybersecurity, counterfeiting, and electronic parts sourcing protections. Award will be based on a trade-off analysis of past performance—weighted most heavily, especially by Supplier Performance Risk System (SPRS) data—alongside price and other non-price factors, with no use of lowest price technically acceptable (LPTA).
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(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use. (h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor -(1) Shall notify the Contracting Officer of that fact; and (2) Hereby agrees to comply with all the terms and conditions of this clause. (i) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows: (1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (End of clause)
52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR
As prescribed in 52.107(b), insert the following clause: This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR: https://www.acquisition.gov/?q=browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx (End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) FAR
As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DoD FAR Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of Clause)
SPE4A6-26-R-XB71 NSN/Part Number: 4235-01-423-7214
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