FA5703-18-R-0010-0004_SoC.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

AMENDMENT OF SOLICITATION NO.

2. AMENDMENT/MODIFICATION NO.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

See Schedule

Joshue Madilar 318-442-6036 joshue.madilar@asab.afcent.af.mil

FA5703

SEE SCHEDULE

386 ECONS

Bldg 592

APO AE 09855

FA5703

386 ECONS

Bldg 592

APO AE 09855

23-Dec-2018

FA5703-18-R-0010

23-Dec-2018

05-Oct-2018

Electronically Signed By: JOSHUE MADILAR

EDIPI: 1252919364

The purpose of this amendment is to update FAR Clause 52.212-1 as well as to extend the proposal due date.

a) Please see the changes below to FAR Clause 52.212-1.

b) The proposal due date has been changed from 16 December 2018 at 4:00PM to 2 January 2019 at 5:00PM.

POC: SrA Joshue C. Madilar // 318-442-6126 // joshue.madilar@asab.afcent.af.mil

CONTRACT PIIN : FA5703-18-R-0010-0004

Form Changes:

The following have/has been changed:

FIELD FROM TO

Offer Due Date/Local Time 16-Dec-2018 04:00 PM 02-Jan-2019 05:00 PM

The following Insertion is hereby modified in the Solicitation Provisions Section to read as follows

Unclassified/Sensitive Data

The following clauses and provisions apply to this solicitation:

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal (Sep

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation (Jan 2017) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-6 Unique Entity Identifier (Oct 2016) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (July 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.209-2 Prohibition on Contracting with inverted Domestic Corporations - Representation (Nov

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-1 Instructions to Offerors – Commercial Items (Aug 2018) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Aug 2018) 52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.215-23 Limitations on Pass-Through Charges (Oct 2009) 52.216-22 Indefinite Quantity (Oct 1995) 52.222-29 Notification of Visa Denial (Apr 2015) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015) 52.225-14 Inconsistency between English Version and Translation of Contract (Feb 2000) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or transactions

Relating to Iran – Representation and Certifications (Aug 2018) 52.228-8 Liability and Insurance - Leased Motor Vehicles (May 1999) 52.229-6 Taxes -- Foreign Fixed-Price Contracts (Feb 2013) 52.232-1 Payments (Apr. 1984) 52.232-2 Service of Protest (Apr. 1984) 52.232-4 Payments under Transportation Contracts and Transportation – Related Services (Apr.

52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-23 Alt I Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-37 Multiple Payment Arrangements. (May 1999) 52.232-38 Submission of Electronic Funds Transfer Information with Offer (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (May 2014) 52.233-1 Alt 1 Disputes (Dec 1991) 52.233-3 Protest after Award (Aug. 1996) 52.233-4 Applicable Law for Breach of Contract claim (Oct 2004) 52.237-3 Continuity of Services (Jan 1991) 52.237-8 Restriction on Severance Payments to Foreign Nationals (Aug 2003) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (Aug. 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.243-1 Alt IV Changes – Fixed Price Alternate IV (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Aug 2018) 52.246-4 Inspection of Services – Fixed Price – (Aug 1996) 52.246-25 Limitation of Liability -- Services (Feb 1997) 52.247-5 Familiarization with Conditions (Apr 1984) 52.247-6 Financial Statement (Apr 1984) 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (Apr 1984) 52.247-24 Advance Notification by the Government (Apr 1984) 52.247-27 Contract Not Affected by Oral Agreement (Apr 1984) 52.247-28 Contractor’s Invoices (Apr 1984) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-4 Termination for Convenience of the Government (Services)(Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984) 252.201-7000 Contracting Officer's Representative (Oct 2016) 252.203-7000 Requirements Relating To Compensation Of Former Dodd Officials (SEP 2011) 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract- Related Felonies

252.203-7002 Requirement To Inform Employees Of Whistleblower Rights (SEP 2013) 252.203-7003 Agency Office Of The Inspector General (DEC 2012) 252.204- 7003 Control of Government Personnel Work Product (APR 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

252.209-7004

Subcontracting With Firms That Are Owned Or Controlled By The Government Of A Terrorist Country (OCT 2015)

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law.(Mar 2018)

252.222-7002 Compliance with Local Labor Laws (Overseas) (JUN 1997) 252.225-7041 Correspondence In English (Jun 1997) 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (JUN

252.225-7993 Prohibition on Contracting with the Enemy in the United States Central Command Theater of Operations (Sep 2015)

252.225-7995 Contractor Personnel Performing in the United States Central Command Area of (Apr 252.232-7010 Levies on Contract Payments (DEC 2006)

252.233-7001 Choice Of Law (Overseas) (JUN 1997) 252.232-7008 Assignment Of Claims (Overseas) (JUN 1997) 5352.201-9101 Ombudsman (JUN 2016) 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (NOV 2012)

THE FOLLOWING PROVISIONS AND CLAUSES ARE INCORPORATED IN FULL

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. GENERAL INSTRUCTIONS: These instructions are a guide for preparing your proposal. These instructions generally describe the type and extent of information you should provide and emphasize the significant topic areas you should address in your proposal. You are expected to review the Performance Work Statement (PWS) contained in this Request for Proposal (RFP) for further insight into the areas that your proposal must address. You should include in the proposal sufficient information to enable the evaluators to confirm your understanding of the Government’s requirement.

2. PROPOSAL FORMAT: Offerors shall submit their proposal in three separate volumes outlined in paragraph 2.2 below. Volume I, the Price Proposal, shall consist of the CLIN prices for the 5 year ordering period. The IDIQ contract will contain a price schedule specifying the monthly unit price for each individual vehicle for each ordering period. The monthly prices listed on the price schedule must be entirely inclusive of all costs for leasing that type of vehicle in twelve-month increments, to include the associated maintenance costs. When issuing Task Orders, which utilize the pricing established in the price schedule, the Government has the right to dictate the number of vehicles required. In addition, each task order issued from the IDIQ contract will contain a Firm Fixed Price CLIN for Admin Cost, which is for, but not limited to, charges for re-licensing fees and traffic violations. The contract price for this CLIN will use an estimated rate of 41.475 KWD per month / per vehicle assigned to each Task Order and will not be considered for evaluation purposes. Volume II, the Technical Proposal, shall consist of five (5) subfactors: Maintenance and Recovery Response Plan, Quality Control Plan, Technical Specifications of Proposed Leased Vehicles, Transition Plan and Combat Trafficking in Persons Compliance Plan. Volume III, Past Performance, shall consist of a list of not more than three

(3) recent and relevant contracts the offeror has performed, along with contact information for the parties that received the service. Proposals not structured in accordance with these instructions may be considered incomplete and may not be evaluated.

The proposal shall consist of the following:

• Volume I – Price Proposal for the Leased Vehicles Services Requirement. One

(1) executed signed copy of the solicitation and all amendments.

• Volume II – Technical Proposal for the Vehicle Leasing Services requirement to include: Maintenance and Recovery Response Plan, Quality Control Plan, Technical Specifications of Proposed Leased Vehicles, Transition Plan, and Combat Trafficking in Persons Compliance Plan.

• Volume III – Past Performance. Past Performance shall be evaluated in accordance with FAR

15.305. The offeror shall submit recent and relevant past performance information on projects of similar magnitude, scope, and complexity, as defined in paragraph 3.3 below.

• The complete proposal will be submitted to the following address: 386th Expeditionary Contracting Squadron Ali Al Salem Air Base, Kuwait ATTN: TSgt Adam K. Aikens, 386 ECONS Email: adam.aikens@asab.afcent.af.mil

Electronic submission of proposals is preferred. If you are unable to deliver electronically, please contact TSgt Adam Aikens at 318-442-6348, to arrange a meeting at the US Sandpit outside of Ali Al Salem Air Base, to drop off your proposal documents.

A complete proposal MUST be received no later than 02 January 2019 at 1700 hours Local Time, Kuwait.

2.1. PAGE LIMITATIONS AND LAYOUT: Pages must be 8 1/2" x 11", and typed on one side. Volume II is limited to 50 pages (not including the executed and signed RFP). There is no page limitation for Volume I or Volume III. The specified page limitation of Volume II does not include attachments, introductions, table of contents, required notices, partnership agreements with sources or technical specifications of proposed leased vehicles. Pages in excess of the limit imposed for Volume II will not be read or evaluated and will be removed.

Page limitations do not prohibit the Government from requesting additional supporting information. For any proposal submitted, the Government will not assume the duty to search for data or information to cure problems it finds in proposals. The burden of providing complete and thorough information to address the elements below remains with the offeror.

2.2. VOLUME STRUCTURE: Each volume shall have an introduction and table of contents.

Each volume must be indexed and tabbed with a cross-reference to each evaluation factor as detailed below.

2.2.1. Volume I: Price Proposal. All pricing shall be submitted in Volume I as described in Section 3.1 below. The executed and signed RFP, to include amendments, must be included in the Price Proposal.

2.2.2. Volume II: Technical Proposal

2.2.2.1. Section A.

2.2.2.1.1. Introduction

2.2.2.1.2. Table of Contents

2.2.2.2. Section B. Technical Capability. This section shall be broken down into Chapters as follows:

2.2.2.2.1. Chapter 1: Maintenance and Recovery Response Plan

2.2.2.2.2. Chapter 2: Quality Control Plan

2.2.2.2.3. Chapter 3: Technical Specifications of Proposed

Leased Vehicles

2.2.2.2.4. Chapter 4: Transition Plan

2.2.2.2.5. Chapter 5: Combat Trafficking in Persons

(CTIP) Compliance Plan.

2.2.3. Volume III: Past Performance. Past performance shall be submitted in Volume III as described in Section 3.3 below.

2.3. **IMPORTANT** Each offeror is required to redact from the proposal its business name, logo and any tag lines, or slogans from the Technical Proposal, with the exception of the cover page.

3. PROPOSAL PREPARATION: The offeror's proposal shall be prepared in a clear, legible, practical manner. In addition, the proposal shall be written in English and should be specific and complete as described in these instructions. No samples or descriptive literature are to be specially prepared for submission with your proposal. Adherence to the prescribed formats will simplify the review process for the Source Selection Authority (SSA) and/or evaluator(s).

3.1. Volume I: Price Proposal. Offerors shall submit a monthly Firm Fixed Price for each individual vehicle type over the five (5), one (1) year ordering periods. The monthly prices given for each vehicle type must be entirely inclusive of all costs for leasing that type of vehicle for a twelve (12) month period of performance, to include the associated maintenance costs. The offeror shall utilize the Excel spreadsheet entitled “Vehicle Price Schedule”, included as Attachment 3 of the solicitation, when proposing the price for each individual vehicle type. The prices in the vehicle price schedule will be utilized for all five (5) of the one

(1) year ordering periods. When issuing Task Orders, which will utilize the established vehicle prices, the Government has the right to dictate the number of vehicles required. The quantity specified in Section 5 of the PWS document is for evaluation purposes only. The actual number of required vehicles shall be dictated in the subsequent Task Orders.

3.1.1. All prices for this acquisition shall be stated in Kuwaiti Dinar (KWD).

3.1.2. Other Than Certified Cost/Pricing Data Requirements. The Government anticipates receiving competitive proposals. However, the Government reserves the right to collect any other information related to the offeror’s proposal necessary to conduct the evaluation. Accordingly, if the Government notifies the offeror that other than certified cost or pricing data is required, the offeror shall prepare and submit the other than certified cost or pricing data with supporting documentation.

Other than certified cost or pricing data must be submitted in accordance with instructions specified at FAR 15.403-5 and FAR 15.408, Table 15-2.

3.1.3. Executed and Signed RFP. Complete page 1, blocks 30a through 30c of the front page of the SF1449 Solicitation and all amendments.

3.2. Volume II: Technical Proposal. The Government shall utilize the following subfactors:

Maintenance and Recovery Response Plan, Quality Control Plan, Technical Specifications of Proposed Leased Vehicles, Transition Plan, and Combat Trafficking in Persons Compliance Plan to determine if the offeror has the technical knowledge and capacity, maintenance plans, and leasing capabilities to manage, deliver, provide maintenance and respond to vehicle leasing services in accordance with the requirements of this solicitation. Evaluations will be based on the ratings of the following subfactors set forth in paragraph 3.2.2.

3.2.1. Section A

3.2.1.1. Introduction. The introduction shall consist of no more than two

(2) pages and shall provide a brief overview of your company. The introduction shall specify the person or persons contributing to authorship as stated in Section 3.2 above.

3.2.1.2. Table of Contents. The table of contents should reference the specific page number where the Government may locate specific information contained within your proposal.

3.2.2. Section B Technical Capability

3.2.2.1. Maintenance and Recovery Response Plan. The offeror will be evaluated on its detailed maintenance plan. In accordance with PWS paragraph 4.3, the offeror's proposal must identify how the offeror intends to execute its maintenance plan to include scheduling, facilities, personnel, tools, supplies, parts, maintenance consumables and equipment. The offeror shall describe how it will execute routine maintenance procedures on the fleet of vehicles. The plan must provide service in accordance with applicable manufacturer’s guidelines; demonstrate the ability to provide trained mechanics, adequate off-site maintenance facilities and explain how vehicles will be transported to the off-site location from the secure compound on base without degradation to fleet readiness or availability; and discuss how the offeror intends to execute its response, repair and recovery requirements to include resourcing of personnel and equipment to accomplish tasks. In addition, the offeror is required to describe its system for maintaining vehicle records and reports. The system must provide automated “real-time” maintenance record keeping and reporting capability in a software platform compatible with Microsoft software applications. The offeror's plan must be realistic, achievable and supportable

3.2.2.1.1 In accordance with FAR 5.202(a)(12) the proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its outlying areas, and only local sources will be solicited. The local area is defined as the ability to conduct and perform business within the country of Kuwait while abiding by all Kuwaiti business laws. The offeror shall provide appropriate documentation proving itself as a Kuwaiti owned business in accordance with Law No. 1 of 2016 on the Promulgation of the Companies Law. This can be done by providing a valid copy of their commercial license issued by the Kuwait Department of Companies, as well as a valid copy of the administration certification with the Kuwait Chamber of Commerce and Industry.

3.2.2.2. Quality Control Plan. The offeror will be evaluated on its detailed Quality Control Plan. The offeror's proposal must identify and explain procedures to identify, prevent, and ensure non-recurrence of defective services, as detailed in PWS paragraphs 4.1, 4.2 and 4.3. In addition, an offeror’s Quality Control Plan must demonstrate and address how it intends to meet or exceed the standards detailed in the Services Delivery Summary, Section 4.4 of the PWS. The offeror's plan must be realistic, achievable and supportable.

3.2.2.3. Technical Specifications of Proposed Leased Vehicles.

The offeror’s proposal must identify the technical specifications of the vehicle types listed in this solicitation. The technical specifications of all proposed vehicles must meet or exceed all technical requirements listed in the PWS and the Solicitation. The offeror must detail and break out by vehicle type, how it intends to provide all vehicles required, whether owned, subcontracted, leased, procured, or any combination thereof.

3.2.2.4. Transition Plan. The offeror’s proposal must include a detailed transition plan that outlines how the contractors plans to replace all vehicles currently being leased and utilized by Ali Al Salem Air Base, Kuwait.

3.2.2.5. Combat Trafficking in Persons (CTIP) Compliance Plan. The offeror’s proposal must provide a CTIP compliance plan in accordance with FAR 52.222-50. The compliance plan will be evaluated on a Pass/Fail. The offeror’s proposal at a minimum must contain the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations.

Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1- 844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, which ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph(b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

3.3. Volume III: Past Performance. Offerors shall submit a spreadsheet with the following information:

3.3.1. Information regarding customers who have received recent and relevant service

3.3.2. Type(s) of service provided

3.3.3. Total value of each service contract

3.3.4. Length of contract(s) in years

3.3.5. Points of contact for the previous contract(s)

*Past Performance shall be evaluated in accordance with FAR 15.305. The offeror shall submit recent and relevant past performance information. Recency and relevancy is defined as projects of the same or similar magnitude, scope and complexity that individually total at least 1,512,500 KWD, and have taken place within the previous three (3) years from the issuance of this solicitation. The past performance shall include, at a minimum, the type of service provided, value in US dollars, length of contract and the customer’s contact information.

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

1. EVALUATION PROCEDURES:

1.1. BASIS FOR CONTRACT AWARD: This competitive best value source selection will be conducted using the Lowest Price Technically Acceptable (LPTA) with Acceptable Past Performance as the source selection process in accordance with (IAW) Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation, Department of Defense (DoD) Source Selection Procedures effective 13 Jan 2017 and Air Force Federal Acquisition Regulation Supplement (AFFARS) Mandatory Procedures (MP) 5315.3 for Source Selection as revised 25 May 2018. Award will be made to the offeror who is deemed responsible in accordance with Federal Acquisition Regulation (FAR) Part 9, has the lowest price, is deemed technically acceptable, has an acceptable past performance record, and conforms to all the solicitation requirements.

1.2. In accordance with FAR 5.202(a)(12) the proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its outlying areas, and only local sources will be solicited. The local area is defined as the ability to conduct and perform business within the country of Kuwait while abiding by all Kuwaiti business laws.

1.3. The solicitation requirements include all stated terms, conditions, representations, certifications, and other information required by FAR 52.212-1 Instructions to Offerors – Commercial Items, and the addendum to this clause provided in the solicitation. The Government reserves the right to award without discussions. Therefore, each 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 determined necessary by the Contracting Officer, and is in the best interest of the Government.

2. NUMBER OF CONTRACT AWARDS:

2.1. The Government reserves the right to award no contract at all, depending on the quality of the proposals, prices submitted, and availability of funds.

2.2. The Government intends to make one (1) award as a result of this solicitation. The award will be made to the offeror whose proposal conforms to the solicitation requirements, was found to have the lowest evaluated price, was determined technically acceptable, had acceptable Past Performance, and that is deemed responsible in accordance with FAR Part 9.

3. EVALUATION METHODOLOGY:

3.1. The Government will evaluate a minimum of three (3) proposals. Offers will be ranked according to total price over the five (5) year period. If any one of the three lowest priced proposals is deemed technically unacceptable, or receives an unacceptable rating for past performance, it will be replaced by the next lowest priced proposal. This process will continue until there are three proposals deemed technically acceptable with an acceptable past performance or until all proposals have been evaluated. Award shall be made to the responsible offeror whose proposal conforms to the solicitation requirements and is the lowest priced technically acceptable with an acceptable past performance.

3.2. If at any time during the evaluation process the contracting officer deems discussions to be in the best interest of the Government, a competitive range will be established IAW FAR

15.306. It is possible that the contracting officer may determine that the number of proposals that might otherwise be included in the competitive range exceeds the number at which an efficient competition can be conducted. In such a case, the contracting officer may decide to limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If this occurs, discussions will be held only with those offerors within the competitive range. Those outside of the range will be eliminated from consideration for award.

3.3. Offerors shall submit a monthly Firm Fixed Price for each individual vehicle type over the five (5), one (1) year ordering periods. The monthly prices given for each vehicle must be entirely inclusive of all costs for leasing that type of vehicle for a twelve-month period of performance, to include the associated maintenance costs. The offeror shall utilize the Excel spreadsheet entitled “Vehicle Price Schedule”, included as Attachment 3 to the solicitation when proposing the price for each individual vehicle type. When issuing Task Orders, which will utilize the individual vehicle prices, the Government has the right to dictate the number of vehicles required.

4. AWARD DECISION - This competitive best value source selection will be conducted in accordance with FAR Part 15, Contracting by Negotiation, DoD Source Selection Procedures effective 13 Jan 2017 and Air Force Federal Acquisition Regulation (AFFARS) Mandatory Procedures (MP) 5315.3 for Source Selection as revised 25 May 2018 using the Lowest Price Technically Acceptable (LPTA) source selection process. The award decision will be made as follows:

4.1. Price. The offeror’s monthly Firm-Fixed Price will be for each vehicle type for the five (5), one (1) year ordering periods, based on the estimated quantities specified in Attachment 3, Vehicle Price Schedule. The quantities specified in Section 5 of the PWS document are estimates. The actual number of required vehicles will be indicated in the subsequent Task Orders. The monthly price given for each vehicle must be entirely inclusive of all costs for leasing that type of vehicle for a twelve-month period of performance, to include the associated maintenance costs. The offeror with the lowest, fair and reasonable, and balanced monthly price for all five (5) years, which is determined to be technically and past performance acceptable, will receive the award. Any prices the offeror provides for the Admin Charges CLIN are for informational purposes and will not be evaluated nor will be a factor in determining the lowest price technically acceptable proposal.

4.2. Technical Acceptability. The technical evaluation provides an assessment of the offeror’s capability to satisfy the Government’s requirements. The Government will evaluate technical capability proposals in accordance with paragraph 3.1. Each Technical Capability factor will receive a rating of Acceptable or Unacceptable. If any subfactor is rated “Unacceptable,” the entire proposal will be rendered technically unacceptable. The evaluation for that proposal will stop at the point when it has been deemed as Unacceptable. Only proposals deemed technically acceptable (either initially or as the result of discussions) will be considered for the award. The ratings are defined in the following paragraphs.

4.2.1. Acceptable: Proposal meets the minimum requirements of the solicitation.

4.2.2. Unacceptable: Proposal does not meet the minimum requirements of the solicitation.

4.3. Past Performance Evaluation. Past Performance shall be evaluated in accordance with FAR

15.305. The offeror shall submit recent and relevant past performance information on projects of similar amount and scope. The contractor shall provide this information in a format that is easy to analyze. The government reserves the right to verify past performance information. Recent performance includes contract performance within three (3) years from the issuance of this solicitation. Relevant performance includes performance of efforts involving leased vehicle fleet support and management services as described in the PWS of the same or similar type that individually total at least 1,512,500 KWD. The evaluation of past performance will result in an overall assessment of acceptable or unacceptable.

4.3.1. Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

4.3.2. Unacceptable: Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

4.4. Award Decision. An award will be made to the lowest priced, technically acceptable offeror with acceptable past performance, subject to a positive responsibility determination in accordance with FAR Part 9 and conformance of the offerors’ proposal to the terms and conditions of the solicitation.

5. RESPONSIBILITY: The Government will determine responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR Subpart 9.1.

6. EVALUATION FACTORS - The following evaluation factors will be considered in the evaluation of proposals received under this solicitation:

A. Factor 1: Price B. Factor 2: Technical Capability C. Factor 3: Past Performance

6.1. FACTOR 1: PRICE

6.1.1. Price will be evaluated using techniques established in FAR 15.404- 1(b)(2)(i) to ensure the Government receives a fair and reasonable, and balanced price. Price will be evaluated based on the proposed monthly rate.

6.1.2. The Government may decide to conduct a price realism analysis to assess whether an offeror’s price reflects its understanding of the contract requirements or the risk inherent in an offeror’s approach.

6.2. FACTOR 2: TECHNICAL CAPABILITY

6.2.1. Subfactor 1: Maintenance and Recovery Response Plan. The following evaluation subfactors will determine if the offeror’s proposal is deemed Acceptable or Unacceptable:

6.2.1.1. To be deemed acceptable the offeror’s proposal must meet all the minimum mandatory requirements stated in PWS paragraph 4.3 regarding a detailed maintenance plan.

6.2.1.1.1. The offeror identifies how it intends to execute its maintenance plan to include scheduling, facilities, personnel, tools, supplies, parts, maintenance consumables and equipment.

6.2.1.1.2. The offeror provides adequate details on how the

offeror will execute routine maintenance on the fleet of vehicles.

6.2.1.1.3. The offeror describes its plan to maintain service in accordance with the manufacturer’s guidelines.

6.2.1.1.4. The offeror provides details on its ability to transport all vehicles to an adequate off-site maintenance facility, and explain how the vehicles will be transported to the off-site location from the secure compound on base proving no degradation to fleet readiness.

6.2.1.1.5. The offeror’s proposal identifies how it intends to execute its response, repair and recovery requirements to include providing a replacement vehicle, resourcing of personnel and equipment to accomplish tasks.

6.2.1.1.6. The offeror provides adequate details on how it will maintain vehicle records and reports.

6.2.1.1.7. The offeror provides a valid copy of their

commercial license issued by the Kuwait Department of Companies, as well as a valid copy of the administration certification with the Kuwait Chamber of Commerce and Industry for maintenance facilities located in Kuwait.

6.2.2. Subfactor 2 Quality Control Plan. The following evaluation subfactors will determine if the offeror’s proposal is deemed Acceptable or Unacceptable:

6.2.2.1. To be deemed Acceptable by the Government, the offeror’s proposal must meet all the minimum mandatory requirements stated in the PWS regarding a Quality Control Plan.

6.2.2.1.2. Proposed Quality Control Plan demonstrates how the offeror intends to meet or exceed the requirements detailed in the Services Delivery Summary, Section 4.4 of the PWS.

6.2.3. Subfactor 3 Technical Specifications of Proposed Lease Vehicles. The following evaluation subfactors will determine if the offeror’s proposal is deemed Acceptable or Unacceptable:

6.2.3.1. To be deemed Acceptable by the Government, the offeror’s proposal must meet all the minimum mandatory requirements specified in the PWS in regards to vehicle technical specifications.

6.2.3.1.1. The offeror’s proposal identifies the technical

specifications of the vehicle types requested in this solicitation

6.2.3.1.2. The offeror provides supportable details that all

specifications of the proposed fleet meets or exceeds the technical requirements provided for by the PWS and CLIN descriptions.

6.2.3.1.3. The offeror details and breaks out by vehicle type, how it intends to provide all vehicles required, whether owned, subcontracted, leased, procured, or any combination thereof.

6.2.4. Subfactor 4 Transition Plan. The following evaluation subfactors will determine if the offeror’s proposal is deemed Acceptable or Unacceptable:

6.2.4.1. To be deemed Acceptable by the Government, the offeror’s proposal must meet all the minimum mandatory requirements specified in the PWS in regards to a transition plan.

6.2.4.1.1. The offeror’s proposal identifies and includes a detailed transition plan that outlines how the contractors plan to replace all vehicles currently being leased and utilized by Ali Al Salem Air Base, Kuwait.

6.2.5. Subfactor 5 Combat Trafficking in Persons (CTIP) Compliance Plan.

The following evaluation subfactors will determine if the offeror’s proposal is deemed Acceptable or Unacceptable:

6.2.5.1. To be deemed Acceptable by the Government, the offeror’s proposal must meet all the minimum mandatory requirements specified in section

3.2.2.4 from FAR 52.212-1 – Instructions to Offerors – Commercial Items.

6.2.5.1.1. Combat Trafficking in Persons (CTIP) Compliance Plan.

The offeror’s proposal must provide a CTIP compliance plan in accordance with FAR 52.222-50. The compliance plan will be evaluated on a Pass/Fail. The offeror’s proposal at a minimum must contain the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, which ensures that the housing meets host-country housing and safety standards Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

6.2.6. An offeror will be assigned an overall technical capability rating of Acceptable or Unacceptable based upon the offeror’s ability to clearly demonstrate its technical capability to meet each subfactor. An offeror will receive an overall technical acceptability rating of Acceptable only if it receives an Acceptable rating for each of the five subfactors: Maintenance and Recovery Response Plan, Quality Control, Technical Vehicle Specifications, Transition Plan and Combat Trafficking in Persons Compliance Plan. If an offeror receives an Unacceptable rating on any of the five subfactors, the overall Technical Factor will be rated as Unacceptable.

6.3. FACTOR 3: PAST PERFORMANCE

6.3.1. The contractor will provide past-performance

information as required by paragraph 5.3.

6.3.2. Note that the past performance evaluation performed in support of this requirement will not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed previous contracts, and the contractor’s overall experience with contracts of this nature and magnitude.

6.3.3. The evaluation of past performance information

will result in an overall assessment of Acceptable or Unacceptable as follows:

Past Performance Evaluation Ratings

Rating Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the requirement, or the offeror’s performance record is unknown. (See note below.)

Unacceptable

Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

52.204-7 -- System for Award Management.

As prescribed in 4.1105(a)(1), use the following provision:

System for Award Management (Oct 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.212-4 Contract Terms and Conditions – Commercial Items (Feb 2017) Addendum to 52.212-4, CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS ORDERING PROCEDURES:

Only authorized Contracting Officers may make delivery orders or task orders against this contract. Upon receipt of a delivery order or task order, the contractor shall deliver the type and quantity of vehicles identified in the delivery order or task order to the designated location with the agreed upon delivery time. Invoices shall be submitted monthly to the Contracting Officer for certification and forwarded to the payment office.

(End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2018)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(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 items:

[Contracting Officer check as appropriate.]

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

(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…