Amendment 0002 Cont pages Puerto Rico 47QSCC24R0003.docx

a) THE FOLLOWING LANGUAGE UNDER SECTION E.1 (c) OF THE RFP DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.1 Solicitation Provisions, subpart (c)

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 200 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

E.6.1 General Instructions, subpart (c)

c) Volume 2, which includes any written supplement to the oral presentation that is specifically allowed as stated in the instructions of this solicitation, must be received via email to Dominic.Lackey@gsa.gov and Valeriya.Orlova@gsa.gov 24 hours before the oral presentationby the scheduled time and date of the oral presentation for your company. If Volume 2 is not received by the scheduled time and date of your oral presentation, then Volume 2 will not be evaluated. No written or electronic documents received by the Government after the scheduled time and date of your presentation will be evaluated.

E.8 Instructions for Volume 1-Contract Data, Tab Specific Notes

· Tab 7: The proposal must include Subcontractor Letters of CommitmentLetters of Intent or Agreement for all subcontractors, and must be signed by both the subcontractor and the prime contractor. The Subcontractor Letters of Commitment Letters of Intent or Agreement must include the name and address of the subcontractor, the name of the requirement, the solicitation number of this requirement, and what role the subcontractor will be fulfilling during contract performance, and must indicate that the agreement is or will be for the length of the period of performance.

Volume 2 Written Supplement Chart

E.9.1 Factor 1 - Technical Excellence 1 a)

a. Describe the processes used to satisfy the requirements of the solicitation to include procurement of all items in Attachment 3, shipment configuration, transportation, delivery, and all documentation associated with all of these requirements. The proposal must include the manufacturing part number and NSN for each item in Attachment 3 that conforms to the NSN descriptions in Attachment 6. The offeror must submit Attachment 3 with the proposed manufacturing part number filled in for each NSN. The offeror’s response on the spreadsheet is limited to the fill-in column specifically for manufacturing part number; no additional written information from the offeror shall be included on the spreadsheet. The proposal must clearly describe and provide the number of delivery vehicles, warehouse equipment and resources planned to execute the requirement and whether these are owned/leased or contracted arrangements. The proposal must clearly state the specific types of vehicles to be used in both CONUS and OCONUS (i.e. long distance trucks, vans) and the number of these vehicles available to be used for this requirement.

The proposal must also include a description of the warehouse and other consolidation point(s) located in the United States that the contractor will utilize to consolidate shipments prior to shipment overseas, including the address of the warehouse and consolidation points. The proposal must clearly address how the contractor will consolidate items prior to shipment overseas, especially focusing on mandatory source items from suppliers located within the United States, and how they will comply with Section III – Transportation/Delivery, in the PWS,(i) which states that, for overseas transportation, the individual container(s) must only include items for this contract.

A written supplement is required for Section E.9.1(1)(a). The written supplement must include a flowchart of the contractor’s distribution channel that will be used to execute the requirement, to include all levels of the supply chain. The contractor’s distribution channel flowchart should start and show how the process originates in CONUS before being transported OCONUS. This written supplement is limited to 2 pages in length.

1 f)

f. Provide documentation describing Explain how the contractor will comply with the transportation requirements in the solicitation. As stated elsewhere, and throughout this solicitation, the proposal must also include a compliance plan demonstrating how the contractor:

· Will comply with the installation security requirements;

· Will comply with FAR 52.247-63 Alternate 1 (Apr 2003) and FAR 52.247-64 Alt. I (APR 2003) and that all containers will be shipped to Puerto Rico and Virgin Islands region on US flag vessels and rated (master) carrier Bills of Lading for each shipment to be reported in a timely manner to comply with MARAD requirements;

· Acknowledges responsibility for the creation and application of supply and shipping documentation, shipping labels, and package markings meeting customer requirements;

· Acknowledges responsibility for compliance with all dangerous goods/hazardous materials regulations governing shipping, storing, and handling; and

· Ensure that the proposal demonstrates that the contractor shall be responsible for access compliance of each location's base access requirements.

1 g)

g. Explain how the contractor will handle customs and border requirements and receive tariff exemptions.

1 o)

o. Provide supporting documentation that will include climate related risks to its supply chain and the contract holder’s ability to manage those risks. Additional details on what the plan must include, is in the PWS section XXV. CLIMATE RISK MANAGEMENT PLAN.

b) ATTACHMENT 3 IS HEREBY REPLACED WITH UPDATED ORDER QTY FOR FY 21 & 22 FOR PUERTO RICO & VIRGIN ISLANDS AND REMOVAL OF 3 NSNs: 7110015908676, 7520011074928, and 7520016189917.

c) ATTACHMENT 7 IS HEREBY REPLACED WITH ADDITIONAL PRICING SHEETS FOR PUERTO RICO AND VIRGIN ISLANDS.

d) THE FOLLOWING LANGUAGE OF THE PWS DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

XIII. Insurance All vehicles (located CONUS and OCONUS), warehouses and products must be properly inspected/insured as indicated herein. Prior to the commencement of work, the contractor shall furnish to the CO a certificate of liability insurance form confirming the required insurance has been obtained for each contract vehicle. The contractor must ensure that the requisite insurance policies, as identified herein, provide that any cancellation of or any material change to the policy shall not go into effect for no less than thirty (30) calendar days after written notice of the cancellation or change has been provided to the GSA CO and the GSA CO has submitted his or her approval to the cancellation or change.

The contractor shall be required to demonstrate it will be in compliance with the following at the time of contract award:

a. General Liability Coverage:

Each Occurrence: $1,000,000,00 Damages to Rented Premises (if applicable): $100,000.00 Medical: $5,000.00 Personal and ADV Injury: $1,000,000.00 General Aggregate: $3,000,000.00 Products: $3,000,000.00

b. Automobile:

Combined Single Limit: $500,000.00 Bodily Injury (Per Person); $500,000.00 Bodily Injury (Per Accident): $1,000,000.00 Property Damage (Per Accident): $1,000,000.00

c. Umbrella”Liability insurance Each Occurrence: $1,000,000,00 Aggregate: $3,000,000.00

d. Excess Liability Each Occurrence: $1,000,000,00 Aggregate: $3,000,000.00

Contractor will be assessed a fee of $1,500 per day (U.S. Dollars) if it fails to maintain required insurance. Failure to maintain the required insurance will also result in a negative CPARS report for the contractor or subcontractor and could result in future option periods not being exercised.

The contractor must list the United States Government, General Services Administration as an additional insured on the policy and/or quote.

All vehicles must be properly inspected/insured as indicated herein. Prior to the commencement of work, the contractor shall furnish to the CO a document confirming the required insurance has been obtained for each contract vehicle. The contractor must ensure that the requisite insurance policies, as identified herein, provide that any cancellation of or any material change to the policy shall not go into effect for no less than thirty (30) calendar days after written notice of the cancellation or change has been provided to the GSA CO and the GSA CO has submitted his or her approval to the cancellation or change.

The contractor shall submit proof of insurance of the following at the time of contract award:

a. Automobile Property Damage Insurance Amount: $1,500,000 U.S. Dollar

b. Bodily Injury Insurance Amount: $1,500,000 U.S. Dollar

The contractor will be assessed a fee of $1,500 per day (U.S. Dollars) if it fails to maintain insurance and will result in a negative CPARS report for the contractor or subcontractor and could result in future option periods not being exercised.

XIV. WARRANTY AND RECALLS

The contractor must review orders for items that may have a warranty or be under recall and will immediately notify the CO and the customer regarding any issues associated with warranties or recalls for any product identified in Attachment 3.

XXII. FULL OPERATIONAL CAPABILITY

The offeror must be ready to operate at Full Operational Capability (FOC) no later than May 01, 2024, or within 120 days after the date the Government sends notice that ordering will be available prior to May 01, 2024contract award. The Government anticipates that the Government ordering system will begin to accept orders for this contract on or around May 01, 2024. FOC must include all NSNs except for non-stock items as identified in Attachment 3 and as discussed in PWS Section IX.

FOC is full deployment of the solution and must include all NSNs except for non-stock items as identified in Attachment 3 and as discussed in PWS Section IX above.

e) THE FOLLOWING LANGUAGE OF THE ATTACHMENT 1 TERMS & CONDITIONS DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA orders:]

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted.

A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

f) THE FOLLOWING NSNs ARE REMOVED FROM THE ATTACHMENT 6 NATIONAL STOCK NUMBER DESCRIPTIONS:

NSN 7110015908676, located in the Attachment 6, pg.315 is removed.

NSN 7520-01-107-4928, located in the Attachment 6, pg.181 is removed.

NSN 7520016189917, located in the Attachment 6, pg.310 is removed.

The number of NSNs has decreased from a total of 526 to 523.

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